Re: [Plugins-writers] On the copyright of the Nessus reports...

From: Javier Fernandez-Sanguino (jfernandez@private)
Date: Fri Dec 12 2003 - 00:06:45 PST

  • Next message: Javier Fernandez-Sanguino: "Re: [Plugins-writers] On the copyright of the Nessus reports..."

    sullo@private wrote:
    
    > Also what about the logisitics of tracking who has the (c)?  I write a plugin,
    > Michel modifies it to fix spelling errors, Renaud adds a French translation, and
    > Joe then fixes a bug in a code... do you really want to have three copyright
    > statements for that output?
    
    More or less. The original author holds copyright for the main work, 
    the changes done by others are derivative works [1] that need to have 
    approval from the main author but could hold a different copyright.
    
    The main author has "enjoy the exclusive right of authorizing 
    adaptations, arrangements and other alterations of their works." he 
    can ban the copyright holder of the derivative work (translator) from 
    relicensing it or even of making the change if he does not want it to 
    be made.
    
    Now, add the GPL. The copyright holder (Renaud in the case of Nessus) 
    has given explicit permission that those changes can be made (in the 
    Nessus source code). For NASL scripts that say they use the "Nessus 
    License" the author has provided permission as per the GPL, but holds 
    copyright.
    
    Usually, in free software projects, give away their rights towards the 
    main authors in order to avoid (c) issues however.
    
    Notice that any NASL plugin author which has not transfered copyright 
    to Reanud could say: this NASL plugin is no longer GPLd, its 
    closed-source license and you cannot use it. And all Nessus users out 
    there would be copyright violators (unknowingly). The same could 
    happen if Renaud (let's hope that never happens) says the same for the 
    full Nessus source at some point.
    
    That's why the FSF "suggest" free software projects to transfer 
    copyright to them, in order to avoid copyright issues. Also, to be 
    able to defend a project in court if needed be.
    
    Regards
    
    Javi
    
    
    [1] See Berne convention's article 2 and 12: 
    http://www.wipo.int/clea/docs/en/wo/wo001en.htm#P83_10463
    and the WIPO treaty http://www.wipo.int/clea/docs/en/wo/wo033en.htm 
    (that claims that Computer programs "are protected as literary works 
    within the meaning of Article 2 of the Berne Convention.")
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