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Re: Effect of transfer of copyright on free software licenses?


From: Hyman Rosen
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Sun, 19 Jul 2009 17:54:56 -0400
User-agent: Thunderbird 2.0.0.22 (Windows/20090605)

Tim Smith wrote:
Industry practice overrides a statutory requirement for a signature?

I think so. In any case, there is also 17 USC 203:
<http://www.copyright.gov/title17/92chap2.html#203>
    (3) Termination of the grant may be effected at any time during
    a period of five years beginning at the end of thirty-five years
    from the date of execution of the grant; or, if the grant covers
    the right of publication of the work, the period begins at the
    end of thirty-five years from the date of publication of the work
    under the grant or at the end of forty years from the date of
    execution of the grant, whichever term ends earlier.
    (4) The termination shall be effected by serving an advance notice
    in writing, signed by the number and proportion of owners of
    termination interests required under clauses (1) and (2) of this
    subsection, or by their duly authorized agents, upon the grantee
    or the grantee's successor in title.
       (A) The notice shall state the effective date of the termination,
       which shall fall within the five-year period specified by clause
       (3) of this subsection, and the notice shall be served not less
       than two or more than ten years before that date. A copy of the
       notice shall be recorded in the Copyright Office before the
       effective date of termination, as a condition to its taking effect.
       (B) The notice shall comply, in form, content, and manner of service,
       with requirements that the Register of Copyrights shall prescribe by
       regulation.

So even if copyright of a GPLed work is transferred to a second party,
that second party is going to have a very long time to wait to rescind
the GPL, even assuming I'm wrong about the signature requirement being
waived.


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