Re: [gentoo-project] [RFC] GLEP 76: Copyright Policy [v4]

[kuzetsa <kuzetsa@gmail.com>]

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On 09/26/2018 03:25 PM, Ulrich Mueller wrote:

> Here is another small update of the copyright GLEP, resulting from a
> recent discussion on IRC. This is not a change of policy, but merely
> a clarification of the real name requirement:
> 
> - The Signed-off-by line must contain the name of a natural person.
> 
> - A copyright holder can be a legal entity (e.g., a company) in some
>   jurisdictions.
> 
> Below is a diff to the previous (approved) version, followed by the
> GLEP's full text.
> 
> Ulrich
> 


[...]

> A proper copyright notice reads::
> 
>     Copyright YEARS MAIN-CONTRIBUTOR [OTHER-CONTRIBUTOR]... [and others]
> 
> It must list the main copyright holder, who is usually the original
> author, or the contributor holding copyright to the largest portion
> of the file.  Additional copyright holders can be listed, but this is
> normally not required.  The "and others" text may be omitted if the
> explicitly listed contributors hold copyright to the entire file.
> In some jurisdictions, the copyright holder can also be a company or
> other legal entity, and therefore be different from the original
> author.
> 

[...]

> Copyright Notice
> ----------------
> 
> Especially for ebuild repositories, constantly keeping track of the
> main copyright holder of any file would be rather inconvenient and
> tedious.  Therefore, projects are free to use either a traditional
> copyright notice listing the individual author(s), or a simplified
> notice with an attribution to the "Gentoo Authors".  The latter
> resembles the scheme used by the Chromium project [#CHROMIUM]_.
> 

Further copyright clarification:

per the RFC for GLEP 76: Copyright Policy [v4]

["A copyright holder can be a legal entity (e.g., a
company) in some jurisdictions."]

^ this likely extends outside the jurisdiction of
a copyright holder as well, but could also apply
in the case of pseudonymous copyright holders (in
some cases, as that can vary by jurisdiction)

pseudonymous authors and/or legal entities such as companies
will need to know their own legal status / laws of their
jurisdiction prior to writing a copyright attribution line.

-----

WIPO Copyright Treaty: Article 4. Computer Programs

["Computer programs are protected as literary works within
the meaning of Article 2 of the Berne Convention. Such
protection applies to computer programs, whatever may be
the mode or form of their expression."]

-----

Berne Convention for the Protection of Literary
and Artistic Works. Articles 2 (6), and 15 (1)

Article 2, (6) Protected Works:

["The works mentioned in this Article shall enjoy
protection in all countries of the Union. This protection
shall operate for the benefit of the author and his
successors in title."]

Article 15, (1) Where author's name is indicated or where
pseudonym leaves no doubt as to author's identity:

["In order that the author of a literary or artistic work
protected by this Convention shall, in the absence of
proof to the contrary, be regarded as such, and
consequently be entitled to institute infringement
proceedings in the countries of the Union, it shall
be sufficient for his name to appear on the work in the
usual manner. This paragraph shall be applicable even if
this name is a pseudonym, where the pseudonym adopted by
the author leaves no doubt as to his identity."]

-----

This should apply when a contributor (who wishes to have
a pseudonymous attribution for their copyright) does so
under their registered trade name, so long as this natural
person has complied with the laws in their jurisdiction,
and may legally conduct business under the assumed name...

The patch for GLEP 76 [v4] update adds the langauge:

["In some jurisdictions, the copyright holder can also be
a company or other legal entity, and therefore be
different from the original author."]

This should also mean the copyright would be valid under
the berne convention when authors or copyright holders are
already recognized by the copyright laws of their country
legal residence (both for legal entities as well as
pseudonymous authors who DO NOT choose to be anonymous)

-----

Summary / emphasis: the copyright protection for a
legal entity or pseudonymous author (copyright holder)
may also have validity outside the copyright holder or
author's jurisdiction under the berne convention.

(personal note)
I have legal capacity to conduct business under the name
kuzetsa, and this is not an anonymous name - there should
be no legal issue to use in copyright attribution lines.

this was questioned in a recent PR, though the name for
the Signed-off-by line is less certain so for that I'll
be using my legal name as a natural person to be safe.

- via key


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