Copyright Assignment
Copyright Assignment is a tricky topic in the FLOSS world.
The first time copyright assignment drew my attention was in how Novell’s go-oo hypocritically uses it as FUD against Open Office, and – of course – how ignorant and/or malicious mono apologists used it as a talking point.
Today, I read a very interesting post by Bradley M. Kuhn, “Not All Copyright Assignment is Created Equal“, where he lays out 2 points:
FSF promises to never make their software proprietary. Shuttleworth claims that All copyright assignment agreements empower dual licensing, and relicensing, but that is simply a false statement if you include FSF in the “All”. FSF promises to never proprietarize its versions of the software assigned to it and always release its versions of the software under Free Software licenses.Non-profits have a different duty to the public. For-profit companies have one duty: to make money for their owners and/or shareholders. Non-profit organizations, by contrast, are chartered to carry out the public good. Therefore, they cannot liberally ignore what’s in the public good just because it makes some money. An organization like FSF, which has a public charter that explicitly says that it seeks to advance software freedom would fail to carry out its public mission if it engaged in proprietary relicensing.
Both points are good, but the second is especially powerful as it illustrates the divide between players like the FSF and any given “open source company” – and illustrates the foolishness of criticising the FSF as if it were a for-profit company.
| This entry was posted by Jason on February 2, 2010 at 9:42 am, and is filed under Copyright, Free Software. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |

about 1 month ago
It should also be noted that the copyright assignments to the OpenOffice.org project are administrated by Team OpenOffice.org e.V. — which is the German equivalent of a non-profit, public trust corporation (or at least appears to me as such). The project itself is governed by a ten-member board of elected representatives, of which only one slot is reserved for a Sun (now Oracle?) agent.
While, unlike the situation with FSF copyright assignments, there is no guarantee that only Free Software versions of the project will be available, there is a pretty strong legal obligation to at least always provide a Free Software version.
Both Michael Meeks and Mark Shuttleworth seem to overlook this distinction with their criticisms of Open Office, and contrasted with the Mono Project’s and Canonical’s own requirements for copyright assignments (wherein the assignment is made to a for-profit corporation and no promise exists that a Free version of the particular project will be perpetually provided).
At a minimum, Canonical and Novell should be aspiring to the behavior of projects which require copyright assignment to a non-profit corporation or foundation, even if those projects optionally offer proprietary licenses for the software. For such non-profits, even if there is no explicit promise of providing Free versions, there is a legal foundation that all assets (including software code) are to be employed for public benefit.
about 1 month ago
I believe you are mistaken about copyright assignments for OpenOffice.org : they go to Sun Microsystems, Inc., as specified in the Sun Microsystems Inc. Contributor Agreement (SCA).
See for example
http://wiki.services.openoffice.org/wiki/Contributing_Patches
http://wiki.services.openoffice.org/wiki/Sun_Contributor_Agreement
about 1 month ago
Thanks for the correction. I will extend my apologies to Mr Meeks — whose has made some very cogent statements with regard to copyright assignments with which I, for the most part agree. I would prefer that OOo contribution assignments did go to (as I originally thought) a non-profit corporation/foundation, but it is good to see that there is a guarantee that all contributions to the project are guaranteed to be made available under a FSF or OSI license.