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

S.M. Claassen stalemat at inter.nl.net
Fri Apr 25 12:37:34 PDT 2008


Hi, Eric,

On Thu, 24 Apr 2008, Eric H. Jung wrote:

> [...]
> This information was copied-and-pasted almost verbatim from wikipedia.org's 
> entry on SourceForge. I am not a lawyer and would not attempt to comment
> on the conflicting terminology SourceForge writes about in their terms
> of service. Feel free to edit the mozdev wiki as you see fit. It is
> public for that very reason.
> [...]
> 
I'm no legal eagle either but feel conversant enough with intellectual
property issues to know that one does not surrender ownership or
copyrights through licensing (unless you wish to narrowly consider
copyleft-style open-source licenses as such).  With your permission and
that of the other list members I'd like to scratch the interpretation that
SourceForge developers are "in effect handing over the copyright to
SourceForge", retaining the reference to the kind of license required by
SourceForge and leaving the interpreting to the (informed) reader.

Thanks for your consideration.

				Cordially yours,

				Silvester Claassen


> ----- Original Message ----
> > From: S.M. Claassen <S.M.Claassen at stalemate.nl>
> > To: project-owners at mozdev.org
> > Sent: Thursday, April 24, 2008 5:09:48 PM
> > Subject: [Project_owners] http://www.mozdev.org/drupal/wiki/WhyMozdev
> > 
> > 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:
> > 
> > -------
> > "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:
> > 
> > -------
> > "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
> > 
> > 
> > 
> > _______________________________________________
> > Project_owners mailing list
> > Project_owners at mozdev.org
> > https://www.mozdev.org/mailman/listinfo/project_owners
> 
> 
> 
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