[Discussioni] Fwd: [freenet-devl] Assignment of Copyright Doc

Marco A. Calamari marcoc a dada.it
Dom 28 Ott 2001 15:03:05 CET


Sarebbe posibile avere una valutazione da chi e' esperto
  in licenze (almeno piu' di me) sul significato e sull'adeguatezza del
  seguente documento di licenza, che  la Freenet Project (fondazione
  no-profit) consiglia agli sviluppatori di firmare.

Non posso fornire informazioni piu' complete perche' ormai
  molto del lavoro di sviluppo non passa piu' dalla maillist ma
  avviene via IRC.
Loro parlano di "tutela degli sviluppatori", come in questo estratto:

---
  Just a quick reminder to sign and return the transfer of copyright
document sent out by Steven Starr a few weeks ago - it is for YOUR OWN
protection should anyone try to take a legal swipe at Freenet.
---

Sarebbe anche interessante chiedere qualche chiarimento, ma vorrei farlo
  con piu' cognizione di causa.

Potete darmi un parere ?  Ciao e grazie.   Marco


>Hi everyone,
>
>Please find below (and attached in word) an Assignment of Copyright in
>Revisions of Freenet document.
>
>The purpose of this document, modeled on a GNU public license doc
>(Assignment of Copyright in Revisions of GNU Classpath, Essential
>Libraries for Java), is to transfer individual developer copyrights for
>each developer's work on Freenet over to the Freenet Project, Inc.,
>our non-prof corp. that was formed some time ago.
>
>It's a straightforward document, and fairly self-explanatory. Please
>take a look, and let me know if there are any questions. Otherwise,
>please print out two copies, sign where indicated at the bottom and
>forward to Freenet at:
>
>Freenet Project Inc.
>2554 Lincoln Blvd #712
>Venice, CA  90291
>
>Once received,  we'll countersign and return a copy back to you,
>along with a check from the Freenet Project for one dollar as
>required.
>
>Thanks very much!
>
>Steven Starr
>Freenet Project non-prof coordinator
>
>____________________________________________________________
>
>ASSIGNMENT OF COPYRIGHT IN REVISIONS OF FREENET
>
>For $1 and other good and valuable consideration received from Freenet
>Project, Inc., a not-for-profit corporation of the State of California,
>hereinafter "FPI", the undersigned "Developer" does hereby agree as
>follows:
>
>1. (a)  Developer hereby agrees to assign and does hereby assign to FPI
>Developer's copyright in changes and/or enhancements to the program
>FREENET (herein called the Program).  These changes and/or enhancements
>are herein called the Works.
>
>(b)  The assignment of par. 1(a) above applies to all past and future
>works of Developer that constitute changes and enhancements to the
>Program.
>
>(c)  For the purpose of this contract, a work "based on the Works" means
>
>any work that in whole or in part incorporates or is derived from all or
>
>part of the Works.
>
>(d)  FPI agrees to grant back to Developer, and does hereby grant,
>non-exclusive, royalty-free and non-cancelable rights to use the Works
>(i.e., Developer's changes and/or enhancements, not the Program that
>they enhance), as Developer sees fit; this grant back does not limit
>FPI?s rights and public rights acquired through this agreement
>
>(e)  FPI has all the rights of a copyright owner in the assigned
>copyrights, subject to the license grantback to developer stated above,
>including the right to enforce the copyright in aid of the free software
>
>purposes of this agreement, and the right to use, license and distribute
>
>the works, or works based on the works, with the program enhanced
>thereby or as stand-alone modules, all as made or acquired by developer
>or in modified form.  FPI may charge a fee of its choosing for the
>service of distribution.
>
>2.  Developer will report occasionally, on his/her/her initiative and
>whenever requested by FPI, the changes and/or enhancements which are
>covered by this contract, and (to the extent known to Developer) any
>outstanding rights, or claims of rights, of any person, that might be
>adverse to the rights of Developer or FPI or to the purpose of this
>contract.
>
>3. (a)  The parties shall execute such documents and undertake such acts
>
>as may be requested by the other to implement the letter and spirit of
>this agreement and any conveyance stated herein, subject to a limitation
>
>of reasonableness of such request with attention to cost and time
>burdens imposed thereby.
>
>(b)  The undertakings in par. 3 (a), above, are without prejudice to the
>
>conveyance made through this assignment document. The intention of
>FPI and Developer is that this assignment document will be supplemented
>rarely, if at all, by other documents.
>
>4.  FPI agrees that all distribution of the Works, or of any work "based
>
>on the Works", or the Program as enhanced by the Works, that takes place
>
>under the control of FPI or its agents or successors, shall be on terms
>that explicitly and perpetually permit anyone possessing a copy of the
>work to which the terms apply, and possessing accurate notice of these
>terms, to redistribute copies of the work to anyone on the same terms.
>These terms shall not restrict which members of the public copies may be
>
>distributed to.  These terms shall not require a member of the public to
>
>pay any royalty to FPI or to anyone else for the permitted use of the
>work they apply to, or to communicate with FPI or its agents or
>assignees in any way either when redistribution is preformed or on any
>other occasion.
>
>5.  FPI agrees that any program "based on the Works" offered to the
>public by FPI or its agents or assignees shall be offered in the form of
>
>machine-readable source code, in addition to any other forms of FPI's
>choosing.  However, FPI is free to choose at its convenience the media
>of distribution for machine-readable source code and may charge a fee of
>
>its choosing for copies.
>
>6.  Developer hereby agrees that if he has or acquires hereafter any
>patent or interface copyright or other intellectual property interest
>dominating the Works, the Program, the Program as enhanced by the
>Works, or other enhancements to the Program, or the use of any of those,
>
>such dominating interest will not be used to undermine the effect of
>this
>agreement, i.e. the Foundation and the general public will be licensed
>to use, in that program or programs and their derivative works, without
>royalty or limitation, the subject matter of the dominating interest.
>This license provision will be binding on the assignees of, or other
>successors to, the dominating interest, as well on Developer. This
>license grant is nonexclusive, as royalty-free and non-cancelable.
>
>7. (a)  Developer warrants to FPI that his/her reports in accord with
>section 2 above are accurate and that he is the sole copyright holder of
>
>the Works conveyed either now or in the future under this agreement.
>
>(b)  Developer agrees to hold FPI harmless from damage arising out of
>any breach of this warranty, and/or any adverse ownership interest not
>reported by Developer and resulting in direct or indirect harm to FPI.
>Developer's warranty and hold harmless obligation does not run to the
>general public except insofar as damage to the public results in harm to
>
>FPI.
>
>(c)  Developer is not obliged to defend FPI against any spurious claim
>of adverse ownership, but will cooperate with FPI in defending against
>any such claim and will indemnify FPI for all losses if the claim is not
>
>spurious, i.e. if the adverse claimant is a true owner and FPI is
>thereby
>damaged, including but not limited to the amount of all adverse damage
>judgments and costs of litigation.
>
>(d)  Developer makes no other express or implied warranty (including
>without limitation, in this disclaimer of warranty, any warranty of
>MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE).
>
>8.  This agreement and all conveyances made pursuant hereto are deemed
>made in Massachusetts, this agreement and all such conveyances being
>deemed made under seal, as of the date of fixation of any work covered
>hereby in tangible form and, also, as of the date of execution of this
>agreement by Developer.
>
>
>Signature:           _______________________
>
>
>Print your name:     _______________________
>
>
>Date:                _______________________
>
>
>Address:        ____________________________
>                 ____________________________
>                 ____________________________
>                 ____________________________
>
>
>
>Thanks for contributing to the Freenet Project!
>
>ACCEPTED:  FREENET PROJECT, INC.
>
>
>Steven Starr      _______________________





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