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To: gentoo-nfp@g.o
From: Paul de Vrieze <pauldv@g.o>
Subject: Re: Question about other people's intellectual property
Date: Thu, 14 Apr 2005 10:52:16 +0200
On Wednesday 13 April 2005 16:11, Chris Gianelloni wrote:
> On Wed, 2005-04-13 at 15:40 +0200, Sven Vermeulen wrote:
> > > Are you saying that even though someone could grant us a license
> > > that it holds absolutely no value?  Does this mean we have exactly
> > > zero means of getting licenses or engaging in partnerships with
> > > other companies?
> >
> > No, it means that if the Gentoo Foundation gets a redistribution
> > license from a third party that Gentoo can redistribute. If a
> > developer abuses this trust and redistributes it personally (not by
> > Gentoo) he is in error. In that case, the third party can blame
> > (read: sue) the developer but not the Gentoo Foundation (unless the
> > Gentoo Foundation has deliberately wrongfully misinformed that
> > developer in which case it is the Foundation's liability).
>
> That explanation makes it much clearer.  Thanks.
>
> So basically, if I wanted to start working with some company to allow
> us to redistribute their IP in an official manner, as explained above,
> then I could do so, but the trustees would have to approve it, since it
> would be the Foundation that is the legal entity which actually
> receives the license, correct?
>
> > But the Gentoo Foundation cannot engage a legal contract on the
> > behalf of any Gentoo developer - with which I mean that the Gentoo
> > Foundation can not see the (volunteering) developers as employees and
> > has therefore no power over them.
>
> I'm still a bit fuzzy on this part, but since you answered what I
> really wanted to know above, I'll let it slide.
>
> The deal is this:
>
> I have been working on some new GameCD stuff, as you all are probably
> aware of by now.  Well, I am getting to the point where I am ready to
> distribute it.  The first GameCD that I wish to produce is an Unreal
> Tournament 2004 Demo GameCD.  This was actually requested by Daniel
> Vogel and Ryan Gordon, both of Epic.  Of course, this was requested way
> back in February of 2004, so I don't know if the offer still stands.
> Basically, I was going to contact Epic and see if they would grant us a
> license to redistribute the game in a modified (installed) form.  I
> would also want permission to use their logos for the game and
> trademarks.

Just be aware that if the foundation receives such a license, the trustees 
of the foundation, as the legal deciding body for the foundation, would 
need to perform the actual distribution. This would for example happen by 
the foundation having a separate download space that is controlled by 
(possibly indirectly) by the foundation. In effect this means that at 
least one trustee must be involved in the publishing of actual works. In 
short there will be a layer of indirection required.

Paul

-- 
Paul de Vrieze
Gentoo Developer
Mail: pauldv@g.o
Homepage: http://www.devrieze.net
Attachment:
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Replies:
Re: Question about other people's intellectual property
-- Sven Vermeulen
References:
Question about other people's intellectual property
-- Chris Gianelloni
Re: Question about other people's intellectual property
-- Sven Vermeulen
Re: Question about other people's intellectual property
-- Chris Gianelloni
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Updated Jun 17, 2009

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