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

[Rich Freeman <rich0@gentoo.org>]

On Thu, Sep 27, 2018 at 8:00 AM NP-Hardass <NP-Hardass@gentoo.org> wrote:
>
> 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.
> >
>
> IANAL, but as per the Berne Convention, anonymous and pseudonymous works
> are granted copyright protection.  What's the rationale behind mandating
> a real name?

The DCO/GCO have nothing to do with obtaining copyright protection.
This is always present if not waived.

It is about showing due diligence in the event somebody claims that
somebody ripped off their work and contributed it to Gentoo without
authorization.

If your real name is attached to a statement saying that you didn't
steal the work, and you did steal the work, then they can go after you
as well as Gentoo.  That deters contributing stuff without checking on
its legality.  That same deterrence also helps show good faith on
Gentoo's part.  This is why organizations generally pursue these
policies.

If somebody violates a copyright anonymously, then they have no skin
in the game.  They can just disappear if anything bad happens.  If a
contributor isn't willing to stake their own money and reputation on
the statement that something is legal to contribute, then why should
Gentoo assume that they've put a lot of effort into the accuracy of
that statement?

-- 
Rich