On Mon, Nov 19, 2012 at 01:06:17PM -0500, Rich Freeman wrote:
> On Mon, Nov 19, 2012 at 12:06 PM, Greg KH <gre...@gentoo.org> wrote:
> > On Mon, Nov 19, 2012 at 07:03:12AM -0500, Rich Freeman wrote:
> >> That's my main concern here.  Can somebody say, "sure, go ahead and
> >> remove my name from the copyright line" and then sue you for doing it?
> >
> > Just removing the name doesn't remove the copyright itself, but, and
> > this is the important thing, it shows "intent".  Intent is a very
> > powerful thing when it comes to legal enforcement.  If you remove a
> > copyright line, or add your own line, you are showing what you are
> > wanting to do here.
> >
> > So if you remove a copyright line, you are showing your "intent" to
> > remove the legal notification of the original copyright holders of the
> > file, which, in numerous juristictions, can be a very serious offence.
> >
> > Again, talk to a lawyer for all of the details if you are curious.
> 
> So, I give you a file.  Then I tell you IN WRITING that you can go
> ahead and remove my name from the copyright line if you want to.
> 
> I think it would be hard for me to argue that I should be able to
> obtain damages when I gave you authorization to remove my name.

You obviously are trying to apply "logic" to laws.  That can not always
be done, sorry, you should know better :)

Again, if you want details, talk to a copyright lawyer.

You aren't taking my word for it, so I'm not going to try to argue the
point any further.

> That said, I'd be happy to chat with a lawyer about this, and if you
> know of any who wouldn't mind having such a conversation free of
> charge, let me know, or feel free to point them to the list.

Lawyers that work free-of-charge are rare, but the SFLC has some that
might be able to help out.

Again, the Foundation should be doing this, and set up the proper
guidelines/rules that we all follow, and then these discussions will not
need to happen.

thanks,

greg k-h

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