--On Mon, Nov 30, 1998 10:17 pm -0500 "Raul Miller" <[EMAIL PROTECTED]> wrote:
> Joseph Carter <[EMAIL PROTECTED]> wrote: >> 1. License cannot control distribution of independant patches. In order >> to have any binding control over the license of a patch, it has to be >> applied to the source. If someone didn't want Troll Tech to use their >> patch, they will be able to make sure they can't, regardless of what >> any of us do. > > Nope. Patches are derived works. Think about what a patch looks like. > > Even if you come up with a patch format that doesn't include anything > of the original, binaries are still derived works, so you can apply > controls there. The point is that if I make a modification, some portion of it is my intellectual property. For that portion (which, in a uni-diff, is intermingled with Troll's portion) Troll *cannot* control the license I use. As you say, they can of course control the distribution of any combined work on which they hold partial copyright. If I was able to separate out my work in such a way that nothing of troll's property is there (whether this is even possible, in general, is moot, but it's certainly possible in some specific cases) then I have absolute control on the distribution of the resulting work which belongs only to me. So, troll can only control the license on things on which they hold copyright. *however*, the other side of the same coin is that I don't have full control over the license, since my patches may be inseparable, and the combined work requires permission from Troll to distribute. (none of this contradicts Joseph's points, I'm just clearing up some points..) Jules /----------------+-------------------------------+---------------------\ | Jelibean aka | [EMAIL PROTECTED] | 6 Evelyn Rd | | Jules aka | [EMAIL PROTECTED] | Richmond, Surrey | | Julian Bean | [EMAIL PROTECTED] | TW9 2TF *UK* | +----------------+-------------------------------+---------------------+ | Debian GNU/Linux - "Microsoft *does* have a year 2000 problem - | | and we're it!" (paraphrased from IRC) | \----------------------------------------------------------------------/
