[Phpgroupware-developers] Copyright Assignment (was Standard source code header and php Documentor)

[Dave Hall]

Christian Böttger <address@hidden> wrote:

<snip />

Some credit is due to probiz here - although it has slowed things down a
little, it has raised a valid point regarding copyright.  This issue is
still be sorted out by the FSF Inc.

> 
> For the copyrights:
> there is one unresolved issue: there is no such thing as assigning a
> copyright (in the sense defined by US laws) in continental Europe, 
> the legal
> system is quite different (only various degrees of usage rights 
> can be
> assigned to someone else, not the "copyright" itself). I'm not a 
> lawyer, so
> I can't decide whether signing a copyright agreement with the FSF 
> NorthAmerica would actually hold any legal power at all for people 
> from Germany
> (and France, e.g.). 

The copyright assignment made to the FSF Inc is made under US law, and
so would be binding under US.  btw I am not a lawyer either - so don't
sue anyone on my advice.

> There is another form of agreement from the 
> FSF Europe
> (FLA) which fits the legal systuation in continental Europe; but 
> again I
> have no idea whether this would have to be assigned to the FSF 
> Europe or the
> FSF North America and what kind of implications it might have if 
> eitherdifferent branches of the FSF are involved or if several 
> diffrent agreements
> are signed. 

It is my understanding that the FSF Inc, may have difficulty in acting
on behalf of the project in a purely EU dispute.  Although the
assignment would be binding under US, it may be disregarded under EU law.

> I have approached the FSF Europe last week on this 
> topic (we
> need clarification anyway for other things as well), but I have 
> not received
> any response so far.  
> 

I am dealing with the FSF Inc on this matter.  As the FSF Inc is our
primary copyright holder, I think they should be dealing with the
FSF.eu.  I am sure they have better contacts than any of us do :)

I will let people know when this matter is resolved.

Cheers

Dave

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