Re: Gentoo Linux copyright / CDDL question

[James Carlson]

Drazen Kacar <dave@fly.srk.fer.hr> writes:
> James Carlson wrote:
> 
> >  Open Solaris requries a joint copyright arrangement.  You can read the
> >  details here:
> > 
> >    http://www.opensolaris.org/os/about/sun_contributor_agreement/
> > 
> >  As the author you, of course, retain your copyright interest.  You
> >  don't have to give that away.
> 
> Eh? But it says:
> 
>    You agree never to assert against Sun or its licensees or transferees
>    any moral rights therein.
> 
> That's void under my local copyright law,

Perhaps.  I'm not a lawyer, nor do I pretend to be one.  Particularly
so for the ".hr" domain.

I do note that you've conveniently omitted the preceding sentence
which makes it clear that it's to the extent permitted by law.

> but the provision certainly is
> giving copyright rights away.

My understanding is that "moral rights" are not necessarily the same
as copyrights in all countries, which is why they're called out
separately.  But if you have a concern here with this or with any
other contract language, then you really need competent legal
representation.  Turning to netnews as a way to get legal advice is a
questionable tactic.

> And then:
> 
>    This Agreement shall be governed by the laws of the State of
>    California and applicable U.S. Federal law, without application of
>    choice of law rules.
> 
> That, in case one does not live in the State of California, happens to be
> a pretty large giveaway.

Nonsense.  It protects both Sun and the contributor from being dragged
to arbitrary third locations to defend themselves.

But, again, if you don't understand the language there (legalese is
indeed dense stuff), you're best off getting good counsel.  Anything
else -- regarding this license or the GPL or any other legal matter --
is nearly pure guesswork.

You wouldn't ask a lawyer to write your code, would you?

-- 
James Carlson, KISS Network                    <james.d.carlson@sun.com>
Sun Microsystems / 1 Network Drive         71.232W   Vox +1 781 442 2084
MS UBUR02-212 / Burlington MA 01803-2757   42.496N   Fax +1 781 442 1677