[Lazarus] software licence question - deceased author

classic Classic list List threaded Threaded
16 messages Options
Reply | Threaded
Open this post in threaded view
|

[Lazarus] software licence question - deceased author

Graeme Geldenhuys
Hi,

Somebody asked me an interesting question, and I have no clue as to what
the answer is.

If a software developer released source code as MPL. Then the author
died, due to unforeseen circumstances, does that MPL still apply to that
released source code? ie: Can somebody else take that source code, and
create derivative works using a new licence?  After all, the original
licensing holder doesn't exist anymore.


Regards,
  - Graeme -

--
fpGUI Toolkit - a cross-platform GUI toolkit using Free Pascal
http://fpgui.sourceforge.net/


--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Felipe Monteiro de Carvalho
It depends on the country, check this list:
http://en.wikipedia.org/wiki/List_of_countries'_copyright_length

The usual answer is: No, you need to wait 50 or 70 years more.

The answer is Yes only for Afghanistan and Marshal Islands

--
Felipe Monteiro de Carvalho

--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Graeme Geldenhuys
Op 2011-02-24 12:16, Felipe Monteiro de Carvalho het geskryf:
> It depends on the country, check this list:
> http://en.wikipedia.org/wiki/List_of_countries'_copyright_length

Thank you for that information. Interesting indeed. :)



Regards,
  - Graeme -

--
fpGUI Toolkit - a cross-platform GUI toolkit using Free Pascal
http://fpgui.sourceforge.net/


--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Joost van der Sluis
In reply to this post by Felipe Monteiro de Carvalho
On Thu, 2011-02-24 at 11:16 +0100, Felipe Monteiro de Carvalho wrote:
> It depends on the country, check this list:
> http://en.wikipedia.org/wiki/List_of_countries'_copyright_length
>
> The usual answer is: No, you need to wait 50 or 70 years more.

So if the author released under the MPL, it will stay MPL. At least for
50 years... (Then it will become public domain, or the rules that in
your country)

Joost.


--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Felipe Monteiro de Carvalho
On Thu, Feb 24, 2011 at 11:46 AM, Joost van der Sluis <[hidden email]> wrote:
> So if the author released under the MPL, it will stay MPL. At least for
> 50 years... (Then it will become public domain, or the rules that in
> your country)

But you can make an agreement with heirs to change the license. If the
author had no heirs you are doomed.

--
Felipe Monteiro de Carvalho

--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Roberto P.
2011/2/24 Felipe Monteiro de Carvalho <[hidden email]>:
> On Thu, Feb 24, 2011 at 11:46 AM, Joost van der Sluis <[hidden email]> wrote:
>> So if the author released under the MPL, it will stay MPL. At least for
>> 50 years... (Then it will become public domain, or the rules that in
>> your country)
>
> But you can make an agreement with heirs to change the license. If the
> author had no heirs you are doomed.
>

Then, having a patent on the software would be less limiting...only 20
years from that date of disclosure....
:-)

R#

--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Hans-Peter Diettrich
In reply to this post by Felipe Monteiro de Carvalho
Felipe Monteiro de Carvalho schrieb:
> It depends on the country, check this list:
> http://en.wikipedia.org/wiki/List_of_countries'_copyright_length

The "life + X" clearly indicates that the rights will fall to some
inheritor - else it wouldn't make any legal sense. The X is big enough
to make it a problem of our children, which most probably will have no
use for such old things.

The X=0 case is very unlikely to matter, except when you intend to kill
the author in order to make its work free of rights. [Life can be very
short in Afghanistan ;-]

A license will continue to be valid, for the copy somebody got under
that license. Otherwise search for possible inheritors and ask them for
their conditions.

Just my 0.02€ - IANAL.

DoDi


--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Flávio Etrusco
In reply to this post by Felipe Monteiro de Carvalho
On Thu, Feb 24, 2011 at 7:48 AM, Felipe Monteiro de Carvalho
<[hidden email]> wrote:

> On Thu, Feb 24, 2011 at 11:46 AM, Joost van der Sluis <[hidden email]> wrote:
>> So if the author released under the MPL, it will stay MPL. At least for
>> 50 years... (Then it will become public domain, or the rules that in
>> your country)
>
> But you can make an agreement with heirs to change the license. If the
> author had no heirs you are doomed.
>
> --
> Felipe Monteiro de Carvalho
>
> --

IIRC (at least) on US law only the copyright holder can file an
infrigent lawsuit, so if there's no heirs the 'work' essentially falls
on public domain?

-Flávio

--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Hans-Peter Diettrich
Flávio Etrusco schrieb:

> IIRC (at least) on US law only the copyright holder can file an
> infrigent lawsuit, so if there's no heirs the 'work' essentially falls
> on public domain?

Yes, if...

DoDi


--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Felipe Monteiro de Carvalho
In reply to this post by Flávio Etrusco
2011/2/24 Flávio Etrusco <[hidden email]>:
> IIRC (at least) on US law only the copyright holder can file an
> infrigent lawsuit,

In Brazil too

--
Felipe Monteiro de Carvalho

--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Marco van de Voort
On Fri, Feb 25, 2011 at 09:54:08AM +0100, Felipe Monteiro de Carvalho wrote:
> 2011/2/24 Fl?vio Etrusco <[hidden email]>:
> > IIRC (at least) on US law only the copyright holder can file an
> > infrigent lawsuit,
>
> In Brazil too

Reading this I wonder how "heirs" are defined in this context.
Do cousins count? Second cousins? Third
degree cousins?

--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

José Mejuto
Hello Lazarus-List,

Friday, February 25, 2011, 1:16:46 PM, you wrote:

MvdV> On Fri, Feb 25, 2011 at 09:54:08AM +0100, Felipe Monteiro de Carvalho wrote:
>> 2011/2/24 Fl?vio Etrusco <[hidden email]>:
>> > IIRC (at least) on US law only the copyright holder can file an
>> > infrigent lawsuit,
>> In Brazil too
MvdV> Reading this I wonder how "heirs" are defined in this context.
MvdV> Do cousins count? Second cousins? Third
MvdV> degree cousins?

And, by default, finally the government.

--
Best regards,
 José


--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Marco van de Voort
On Fri, Feb 25, 2011 at 01:45:47PM +0100, Jos? Mejuto wrote:

> MvdV> On Fri, Feb 25, 2011 at 09:54:08AM +0100, Felipe Monteiro de Carvalho wrote:
> >> 2011/2/24 Fl?vio Etrusco <[hidden email]>:
> >> > IIRC (at least) on US law only the copyright holder can file an
> >> > infrigent lawsuit,
> >> In Brazil too
> MvdV> Reading this I wonder how "heirs" are defined in this context.
> MvdV> Do cousins count? Second cousins? Third
> MvdV> degree cousins?
>
> And, by default, finally the government.

If it is not a first order relative (siblings, parents, children), then
afaik there is already a 30 or 40% tax here.

--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

Hans-Peter Diettrich
In reply to this post by Marco van de Voort
Marco van de Voort schrieb:
> On Fri, Feb 25, 2011 at 09:54:08AM +0100, Felipe Monteiro de Carvalho wrote:
>> 2011/2/24 Fl?vio Etrusco <[hidden email]>:
>>> IIRC (at least) on US law only the copyright holder can file an
>>> infrigent lawsuit,
>> In Brazil too
>
> Reading this I wonder how "heirs" are defined in this context.
> Do cousins count? Second cousins? Third
> degree cousins?

I think that heritage is a legal act in every country, with fixed rules.
Unless stated otherwise by the law, the author is free to nominate the
heir of his work.

DoDi


--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

José Mejuto
In reply to this post by Marco van de Voort
Hello Lazarus-List,

Friday, February 25, 2011, 2:56:15 PM, you wrote:

>> MvdV> Reading this I wonder how "heirs" are defined in this context.
>> MvdV> Do cousins count? Second cousins? Third
>> MvdV> degree cousins?
>> And, by default, finally the government.
MvdV> If it is not a first order relative (siblings, parents, children), then
MvdV> afaik there is already a 30 or 40% tax here.

Are we talking about copyright ? A copyright by itself does not have
any kind of taxes because it is not monetizable. The tax is applied
over the commercial value of the copyrighted material (contable value,
if it is the right word in english) and in all this cases are zero.

PS: I'm not a lawyer or finantial expert.

--
Best regards,
 José


--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus
Reply | Threaded
Open this post in threaded view
|

Re: [Lazarus] software licence question - deceased author

José Mejuto
Hello Lazarus-List,

Friday, February 25, 2011, 6:10:43 PM, you wrote:

>> Are we talking about copyright ?
MvdV> No, we are talking about inheritance in general. But it was more meant as an
MvdV> illustration that the definition of "heir" can vary in law and common speak.

In Spain and I think in almost all Europe, the blood line level
influence the amount of taxes (taking blood line as an "in law"
inclusive) but the rights are not finished at a defined level, as far
away, less chances to reclaim something.

The first three levels are somehow direct candicates while far away
levels must present a "complaint" (I'm not sure about the word) and if
no people is presented with closer level he/she can reclaim something.
Same rules are applied (more or less) when the there is somthing like
a house but legal titular is not localizable, so heirs can reclaim the
possesion but before they must "complaint" in a court. This kind of
processes are usually very, very slow and can take up much more than
the "legal" 3 years.

--
Best regards,
 José


--
_______________________________________________
Lazarus mailing list
[hidden email]
http://lists.lazarus.freepascal.org/mailman/listinfo/lazarus