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On 09/26/2018 03:25 PM, Ulrich Mueller wrote: |
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|
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> Here is another small update of the copyright GLEP, resulting from a |
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> recent discussion on IRC. This is not a change of policy, but merely |
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> a clarification of the real name requirement: |
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> |
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> - The Signed-off-by line must contain the name of a natural person. |
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> |
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> - A copyright holder can be a legal entity (e.g., a company) in some |
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> jurisdictions. |
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> |
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> Below is a diff to the previous (approved) version, followed by the |
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> GLEP's full text. |
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> |
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> Ulrich |
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> |
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|
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|
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[...] |
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|
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> A proper copyright notice reads:: |
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> |
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> Copyright YEARS MAIN-CONTRIBUTOR [OTHER-CONTRIBUTOR]... [and others] |
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> |
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> It must list the main copyright holder, who is usually the original |
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> author, or the contributor holding copyright to the largest portion |
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> of the file. Additional copyright holders can be listed, but this is |
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> normally not required. The "and others" text may be omitted if the |
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> explicitly listed contributors hold copyright to the entire file. |
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> In some jurisdictions, the copyright holder can also be a company or |
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> other legal entity, and therefore be different from the original |
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> author. |
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> |
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|
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[...] |
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|
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> Copyright Notice |
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> ---------------- |
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> |
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> Especially for ebuild repositories, constantly keeping track of the |
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> main copyright holder of any file would be rather inconvenient and |
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> tedious. Therefore, projects are free to use either a traditional |
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> copyright notice listing the individual author(s), or a simplified |
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> notice with an attribution to the "Gentoo Authors". The latter |
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> resembles the scheme used by the Chromium project [#CHROMIUM]_. |
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> |
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|
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Further copyright clarification: |
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|
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per the RFC for GLEP 76: Copyright Policy [v4] |
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|
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["A copyright holder can be a legal entity (e.g., a |
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company) in some jurisdictions."] |
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|
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^ this likely extends outside the jurisdiction of |
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a copyright holder as well, but could also apply |
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in the case of pseudonymous copyright holders (in |
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some cases, as that can vary by jurisdiction) |
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|
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pseudonymous authors and/or legal entities such as companies |
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will need to know their own legal status / laws of their |
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jurisdiction prior to writing a copyright attribution line. |
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|
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----- |
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|
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WIPO Copyright Treaty: Article 4. Computer Programs |
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|
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["Computer programs are protected as literary works within |
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the meaning of Article 2 of the Berne Convention. Such |
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protection applies to computer programs, whatever may be |
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the mode or form of their expression."] |
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|
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----- |
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|
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Berne Convention for the Protection of Literary |
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and Artistic Works. Articles 2 (6), and 15 (1) |
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|
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Article 2, (6) Protected Works: |
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|
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["The works mentioned in this Article shall enjoy |
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protection in all countries of the Union. This protection |
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shall operate for the benefit of the author and his |
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successors in title."] |
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|
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Article 15, (1) Where author's name is indicated or where |
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pseudonym leaves no doubt as to author's identity: |
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["In order that the author of a literary or artistic work |
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protected by this Convention shall, in the absence of |
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proof to the contrary, be regarded as such, and |
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consequently be entitled to institute infringement |
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proceedings in the countries of the Union, it shall |
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be sufficient for his name to appear on the work in the |
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usual manner. This paragraph shall be applicable even if |
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this name is a pseudonym, where the pseudonym adopted by |
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the author leaves no doubt as to his identity."] |
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|
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----- |
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|
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This should apply when a contributor (who wishes to have |
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a pseudonymous attribution for their copyright) does so |
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under their registered trade name, so long as this natural |
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person has complied with the laws in their jurisdiction, |
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and may legally conduct business under the assumed name... |
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|
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The patch for GLEP 76 [v4] update adds the langauge: |
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|
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["In some jurisdictions, the copyright holder can also be |
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a company or other legal entity, and therefore be |
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different from the original author."] |
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|
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This should also mean the copyright would be valid under |
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the berne convention when authors or copyright holders are |
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already recognized by the copyright laws of their country |
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legal residence (both for legal entities as well as |
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pseudonymous authors who DO NOT choose to be anonymous) |
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|
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----- |
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|
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Summary / emphasis: the copyright protection for a |
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legal entity or pseudonymous author (copyright holder) |
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may also have validity outside the copyright holder or |
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author's jurisdiction under the berne convention. |
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|
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(personal note) |
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I have legal capacity to conduct business under the name |
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kuzetsa, and this is not an anonymous name - there should |
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be no legal issue to use in copyright attribution lines. |
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|
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this was questioned in a recent PR, though the name for |
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the Signed-off-by line is less certain so for that I'll |
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be using my legal name as a natural person to be safe. |
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|
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- via key |