Re: Copyright issues re Debian website

From: Bruce Perens <bruce(at)perens(dot)com>
To: Jimmy Kaplowitz <jimmy(at)spi-inc(dot)org>
Cc: spi-general(at)lists(dot)spi-inc(dot)org, Ian Jackson <ijackson(at)chiark(dot)greenend(dot)org(dot)uk>
Subject: Re: Copyright issues re Debian website
Date: 2008-03-07 18:20:08
Message-ID: 47D18758.9040300@perens.com
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Jimmy Kaplowitz wrote:
> But, the full bit of text I quoted does say that you need the unanimous
> agreement of every single contributor
Yes. Sun reiterates the same simplistic view of the issue that has been
repeated elsewhere.

If this were true, then a collective work of 1000 copyright holders
would have a problem relicensing if they could just not find ONE person.
That person may have died intestate, may have left the copyright in the
hands of a state government or some other holder who has no idea that
the copyright exists and has no reasonable means to exercise their
rights as copyright holder.

And it's entirely absurd that the other 999 producers of a collective
work would be permanently impeded by this fact. IMO, a reasonable
process to get around this exists and /can be used,/ but is not
currently backed up by an affirmative statement in law or case law. This
isn't unusual. There is a lot of stuff that we do that has no
affirmative statement in law behind it, but goes unchallenged. For
example, there is no affirmative statement in the law that allows an
author to deliberately place a work in the public domain.

Thanks

Bruce

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