Gentoo Archives: gentoo-project

From: Patrick McLean <chutzpah@g.o>
To: Rich Freeman <rich0@g.o>
Cc: gentoo-project@l.g.o
Subject: Re: [gentoo-project] rfc: copyright attribution clarifications
Date: Wed, 14 Nov 2018 19:39:13
Message-Id: 20181114113855.245ac524@scorpius
In Reply to: Re: [gentoo-project] rfc: copyright attribution clarifications by Rich Freeman
1 On Wed, 14 Nov 2018 07:58:08 -0800
2 Rich Freeman <rich0@g.o> wrote:
3
4 > On Tue, Nov 13, 2018 at 11:18 PM Sarah White <kuzetsa@××××××××××.ovh>
5 > wrote:
6 > >
7 > > On 11/13/2018 09:46 PM, William Hubbs wrote:
8 > > > On Tue, Nov 13, 2018 at 06:17:17PM -0800, Rich Freeman wrote:
9 > > >> On Tue, Nov 13, 2018 at 10:32 AM William Hubbs
10 > > >> <williamh@g.o> wrote:
11 > > >>>
12 > >
13 > > multiline (standard form) copyright attribution doesn't have
14 > > anything to do with licensing, and only serves to strengthen
15 > > copyleft due to the presence of additional copyright notices which
16 > > clearly lay out a list of entities / people with a stake in
17 > > protecting the interests of an opensource project remaining
18 > > FOSS/Libre.
19 >
20 > First, git already does this.
21
22 It does not, it lists authors, not copyright holders which are not the
23 same thing.
24
25 > Second, please cite an example of a copyright lawsuit that was won
26 > because multiple notices were listed, or a law that provides
27 > protection if multiple notices are provided. Your claim that doing
28 > this "strengthen[s] copyleft" is baseless as far as I can tell.
29
30 I don't think it's about citing cases, the GPL has never gotten to
31 trial AFAIK, so under that metric, the GPL is useless.
32
33 > The presence of any copyright notice in the form given in US law
34 > already defeats the innocent infringement defense, even if it doesn't
35 > mention you. Beyond that copyright law applies whether there is any
36 > notice at all.
37 >
38 > > gentoo's license policy already
39 > > requires FOSS/Libre licenses and correctly using copyright law for
40 > > copyleft purposes makes everything work correctly when it's used
41 > > correctly.
42 >
43 > Indeed, and for this reason I don't actually see any reason under US
44 > copyright law that we couldn't strip out additional copyright notices
45 > in code as a result. US law explicitly makes this illegal only if it
46 > is done to hide infringement, and we don't infringe copyright. I can
47 > only imagine the wails of the copyright pro-spam crowd if we actually
48 > tried that (not that I'm suggesting it)...
49
50 Are you suggesting that stripping out copyright headers is permissable?
51 I would talk to a copyright lawyer before making any such assumptions.
52 That would imply that chromeos could stip out all the Gentoo
53 copyrights and replace them with chrome project ones. Other Gentoo
54 derivatives could do the same thing, as long as it retains the GPL, all
55 is permitted.

Replies

Subject Author
Re: [gentoo-project] rfc: copyright attribution clarifications Rich Freeman <rich0@g.o>