Gentoo Archives: gentoo-nfp

From: Paul de Vrieze <pauldv@g.o>
To: gentoo-nfp@l.g.o
Subject: Re: [gentoo-nfp] Question about other people's intellectual property
Date: Thu, 14 Apr 2005 08:52:30
Message-Id: 200504141052.17386.pauldv@gentoo.org
In Reply to: Re: [gentoo-nfp] Question about other people's intellectual property by Chris Gianelloni
1 On Wednesday 13 April 2005 16:11, Chris Gianelloni wrote:
2 > On Wed, 2005-04-13 at 15:40 +0200, Sven Vermeulen wrote:
3 > > > Are you saying that even though someone could grant us a license
4 > > > that it holds absolutely no value? Does this mean we have exactly
5 > > > zero means of getting licenses or engaging in partnerships with
6 > > > other companies?
7 > >
8 > > No, it means that if the Gentoo Foundation gets a redistribution
9 > > license from a third party that Gentoo can redistribute. If a
10 > > developer abuses this trust and redistributes it personally (not by
11 > > Gentoo) he is in error. In that case, the third party can blame
12 > > (read: sue) the developer but not the Gentoo Foundation (unless the
13 > > Gentoo Foundation has deliberately wrongfully misinformed that
14 > > developer in which case it is the Foundation's liability).
15 >
16 > That explanation makes it much clearer. Thanks.
17 >
18 > So basically, if I wanted to start working with some company to allow
19 > us to redistribute their IP in an official manner, as explained above,
20 > then I could do so, but the trustees would have to approve it, since it
21 > would be the Foundation that is the legal entity which actually
22 > receives the license, correct?
23 >
24 > > But the Gentoo Foundation cannot engage a legal contract on the
25 > > behalf of any Gentoo developer - with which I mean that the Gentoo
26 > > Foundation can not see the (volunteering) developers as employees and
27 > > has therefore no power over them.
28 >
29 > I'm still a bit fuzzy on this part, but since you answered what I
30 > really wanted to know above, I'll let it slide.
31 >
32 > The deal is this:
33 >
34 > I have been working on some new GameCD stuff, as you all are probably
35 > aware of by now. Well, I am getting to the point where I am ready to
36 > distribute it. The first GameCD that I wish to produce is an Unreal
37 > Tournament 2004 Demo GameCD. This was actually requested by Daniel
38 > Vogel and Ryan Gordon, both of Epic. Of course, this was requested way
39 > back in February of 2004, so I don't know if the offer still stands.
40 > Basically, I was going to contact Epic and see if they would grant us a
41 > license to redistribute the game in a modified (installed) form. I
42 > would also want permission to use their logos for the game and
43 > trademarks.
44
45 Just be aware that if the foundation receives such a license, the trustees
46 of the foundation, as the legal deciding body for the foundation, would
47 need to perform the actual distribution. This would for example happen by
48 the foundation having a separate download space that is controlled by
49 (possibly indirectly) by the foundation. In effect this means that at
50 least one trustee must be involved in the publishing of actual works. In
51 short there will be a layer of indirection required.
52
53 Paul
54
55 --
56 Paul de Vrieze
57 Gentoo Developer
58 Mail: pauldv@g.o
59 Homepage: http://www.devrieze.net

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