Re: [gentoo-dev] ebuild copyright assignment

[Roy Bamford]

On 2015.02.18 07:40, Jeroen Roovers wrote:
> On Mon, 16 Feb 2015 06:39:51 -0500
> Mike Frysinger <vapier@g.o> wrote:
>
> > the policy is not "it must be Gentoo copyright", but "it must have
> a
> > header that says Gentoo copyright even though there's no legal
> basis
> > for it".
>
> Correct, but I have my doubts about the allegedly wobbly legal basis.
> I
> do vividly recall reading these:
>
> <http://www.gentoo.org/proj/en/devrel/copyright/index.xml>
> <http://web.archive.org/web/20040604022011/http://www.gentoo.org/doc/
> en/policy.xml>
>
> Copyright in ebuilds (and documentation) should always be assigned to
> Gentoo Technologies. Developers must never put their own names in
> copyright lines. For more information, please see
> <http://www.gentoo.org/proj/en/devrel/copyright-assignment.xml>
> <http://web.archive.org/web/20040624223240/http://www.gentoo.org/
> proj/en/devrel/copyright-assignment.xml>
>
> (Page moved to
> <http://www.gentoo.org/proj/en/devrel/copyright/index.xml>
> <http://web.archive.org/web/20040618235041/http://www.gentoo.org/
> proj/en/devrel/copyright/index.xml>)
>
[snip]

>
>      jer
>
>
>


Here's some history ...

Gentoo Technologies Inc. was interested in using the Gentoo codebase 
commercially. It was not a financial success and the assets of Gentoo 
Technologies Inc. were transferred to the Gentoo Foundation Inc. when 
drobbins left Gentoo. That would be about 2004, when the Foundation 
was established. Commercial use was easier if Gentoo Technologies Inc. 
held the copyright.

Its unclear if anyone actually completed copyright assignment paperwork 
at any time. The legal standing of the ebuild header is also unclear as 
it has never been tested in court.

The remaining idea behind it today is that it might ensure that the 
Foundation is the target of any legal action resulting from an ebuild 
and conversely can take legal action to defend an ebuild.
I say 'might' as international copyright is a minefield. Its wider than 
just ebuilds, its wherever Foundation copyright is asserted.

Both Gentoo Technologies Inc. and Gentoo Foundation Inc. were/are New 
Mexico legal entities, so are subject to New Mexico law. Of course, if 
you are not in New Mexico, or even the USA, that law may not apply to 
you and that's where the minefield starts.

-- 
Regards,

Roy Bamford
(Neddyseagoon) a member of
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