Any code developer who releases FOSS code under an unsigned, nonexclusive license retains the original copyright ownership rights. If the code developer subsequently legally transfers his copyrights to a new owner, the code released under the license is no longer protected from infringement claims by the new copyright owner.
TITLE 17 - COPYRIGHTS
CHAPTER 2 - COPYRIGHT OWNERSHIP AND TRANSFER Sec. 205. Recordation of transfers and other documents.
(e) Priority Between Conflicting Transfer of Ownership and Nonexclusive License. - A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner's duly authorized agent, and if - (1) the license was taken before execution of the transfer; or (2) the license was taken in good faith before recordation of the transfer and without notice of it.
Sec. 205 (e) states a sufficient condition for a nonexclusive license to prevail. Is it a necessary condition?
IF it is signed THEN it prevails (a sufficient condition), but does... IF it prevails THEN it is signed (a necessary condition) hold true?
Here are the remarks from the anointed USC (section (e) is formerly section (f)).
"... under subsection (f) of section 205, a nonexclusive
license in writing and signed, whether recorded or not,
would be valid against a later transfer, and would also
prevail as against a prior unrecorded transfer if taken
in good faith and without notice. Objections were raised
by motion picture producers, particularly to the
provision allowing unrecorded nonexclusive licenses to
prevail over subsequent transfers, on the ground that a
nonexclusive license can have drastic effects on the
value of a copyright. On the other hand, the
impracticalities and burdens that would accompany any
requirement of recordation of nonexclusive licenses outweigh the limited advantages of a statutory recordation
system for them."
As we have witnessed with the SCO debacle, any questions concerning nonexclusive license and copyright transfers should be examined in the short term so that any enterprising mischief makers (read Microsoft) can be neutralized.
-- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
