[Project_owners] http://www.mozdev.org/drupal/wiki/WhyMozdev

S.M. Claassen S.M.Claassen at stalemate.nl
Thu Apr 24 14:09:48 PDT 2008


Eric Jung states that with regard to whether "Project Owner Retains
Copyrights" on SourceForge that "by uploading code to SourceForge.net, you
grant SourceForge a perpetual proprietary license, in effect handing over
the copyright to SourceForge1".  He bases this on the following passages
from the SourceForge Terms of Service:

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"By submitting, posting or displaying Content on or through
SourceForge.net, you grant Company a worldwide, non-exclusive,
irrevocable, perpetual, fully sublicensable, royalty-free license to use,
reproduce, adapt, modify, translate, create derivative works from,
publish, perform, display, rent, resell and distribute such Content (in
whole or part) on SourceForge.net and incorporate Content in other works,
in any form, media, or technology developed by Company, though Company is
not required to incorporate Feedback into any Company products or
services. Company reserves the right to syndicate Content submitted,
posted or displayed by you on or through SourceForge.net and use that
Content in connection with any service offered by Company."
-------

However, the previous paragraphs of those same Terms of Service 
specifically stipulate:

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"Except for Feedback, which you agree to grant COMPANY any and all
intellectual property rights owned or controlled by you relating to the
Feedback, COMPANY claims no ownership or control over any Content. You or
your third party licensor, as applicable, retain all intellectual property
rights to any Content and you are responsible for protecting those rights,
as appropriate.

With respect to SourceForge.net Public Content, the submitting user
retains ownership of such SourceForge.net Public Content, except that
publicly-available statistical content which is generated by COMPANY to
monitor and display SourceForge.net project activity is owned by COMPANY."
-------

Viewed in this context SourceForge recognizes that SourceForge developers 
retain ownership and (copy)rights of their content but exacts a
GPL/Commons-style license from them.  This would only be a problem if the 
license you had in mind was more restrictive.  In this case an open-source
hosting site might not be your venue.  

				Cordially yours,

				S.M. Claassen





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