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diff --git a/talermerchantdemos/blog/articles/en/assigning-copyright.html b/talermerchantdemos/blog/articles/en/assigning-copyright.html new file mode 100644 index 0000000..e2e3ef8 --- /dev/null +++ b/talermerchantdemos/blog/articles/en/assigning-copyright.html @@ -0,0 +1,175 @@ +<!--#include virtual="/server/header.html" --> +<!-- Parent-Version: 1.77 --> +<title>When a Company Asks For Your Copyright +- GNU Project - Free Software Foundation</title> +<link rel="canonical" + href="http://www.fsf.org/blogs/rms/assigning-copyright" /> +<!--#include virtual="/philosophy/po/assigning-copyright.translist" --> +<!--#include virtual="/server/banner.html" --> +<h2>When a Company Asks For Your Copyright</h2> + +<p>Companies that develop free software and release it under the GNU GPL +sometimes distribute some copies of the code in other ways. If they +distribute the exact same code under a different license to certain +users that pay for this, typically permitting including the code in +proprietary programs, we call it “selling exceptions”. If they +distribute some version of the code solely in a proprietary manner, we +call that releasing a purely proprietary version of the program.</p> + +<p><a href="/philosophy/selling-exceptions.html">http://www.gnu.org/philosophy/selling-exceptions.html</a> explains why +selling exceptions is acceptable, though only barely. By contrast, +releasing a purely proprietary version is outright wrong, like +any other proprietary software.</p> + +<p>Companies normally do these things using code they +developed. Since they hold the copyright on that code, they can +legally distribute it in any manner, even in multiple manners in +parallel. But what happens when you publish a modified version of +that free program, and the company wants to include your changes in +its version?</p> + +<p>Since you got the program under the GPL, when you distribute a +modified version you have to license it under the GPL. If the company +receives a copy, it will be able to use those changes under the GPL; +it won't be allowed to include your changes in that program and sell +exceptions for it. It also won't be able to release purely +proprietary versions containing your code. If this is the outcome you +want, you get it by default. However, if the company intends to sell +exceptions, it will probably decide not to use your changes.</p> + +<p>Suppose, though, that you're not opposed to selling exceptions and +you're willing to let the company do so while including your changes +in the program. You can agree to this, but you need to be careful +about what you sign, or you may be surprised by the results.</p> + +<p>The company will probably invite you to assign or license your +copyright to the company, by signing a copyright assignment contract +or a contributor license agreement. That in itself is not inherently bad; for +instance, many GNU software developers have assigned copyrights +to the FSF. However, the FSF never sells exceptions, and its +assignment contracts include a commitment to distribute the +contributor's code only with source and only permitting +redistribution.</p> + +<p>The company's proposed contract may not include such a commitment. It +might instead let the company use your changes any way it likes. If +you sign that, the company could do various things with your code. It +could keep selling exceptions for a program including your code. It +could release purely proprietary modified or extended versions +including your code. It could even include your code <em>only</em> in +proprietary versions. Your contribution of code could turn out to be, +in effect, a donation to proprietary software.</p> + +<p>It is up to you which of these activities to permit, but here are the +FSF's recommendations. If you plan to make major contributions to the +project, insist that the contribution agreement require that software +versions including your contributions be available to the public under +a free software license. This will allow the developer to sell +exceptions, but prevent it from using your contributions in software +that is only available under a proprietary license.</p> + +<p>If your contributions are smaller, you could accept a weaker +condition, that the company make your contributions available in a +free software release as well as possibly in nonfree programs. +This would allow the company to use your contributions in +modified software that's only available under a proprietary license. +Releasing proprietary software is never a good thing, but if your +changes are smaller, it might be more important to improve the free +version than resist the nonfree versions.</p> + +<p>You can control these outcomes by insisting on the proper conditions +in the contract. To allow selling exceptions for the program that +contains your code, but refuse to let the company release purely +proprietary versions containing your code, you can insist on a +condition more or less like this:</p> + +<blockquote> + <p>Any program based on (as defined in GNU General Public License + version 3) Hacker's code that FOO distributes shall be made + available by FOO under a) the “GNU General Public License (GPL), + version 2 or later”, or b) the licensing in (a), above, but with “2” + replaced by any higher existing GPL version number. Provided FOO + makes the program available as source code gratis to the public in + this way, it may also distribute the identical program to some of + its users under terms permitting them to link the program's code + with nonfree code and release the combination in binary form under a + license of their own choosing.</p> +</blockquote> + +<p>Or, if what you object to is that some variant <em>of your code</em> +might be released solely in a proprietary version, you can insist on a +condition more or less like this:</p> + +<blockquote> + <p>Any program based on (as defined in GNU General Public License + version 3) Hacker's code that FOO distributes shall be made + available by FOO under a) the “GNU General Public License (GPL), + version 2 or later”, or b) the licensing in (a), above, but with “2” + replaced by any higher existing GPL version number. Provided FOO + makes the program available as source code gratis to the public in + this way, it may also distribute the same version of Hacker's code + in other programs released under other licenses of its own choosing.</p> +</blockquote> + +<p>If the program is released under the GNU Affero GPL, then add “Affero” +before “General”, change “GPL” to “AGPL”, change “2 or” to “3 or”, and +it could make sense to replace “that FOO distributes” with “that FOO +distributes, or deploys on a server accessible to users other than +FOO”.</p> + +<p>The FSF has had these texts reviewed by a lawyer, but you should get +your own legal advice before using them.</p> + +<p>When a company says which of these conditions it will accept, that +will show you how far it plans to depart from the principles of free +software. Then you can respond to ensure your work will contribute to +the free software community and not be diverted into proprietary +software.</p> + +</div><!-- for id="content", starts in the include above --> +<!--#include virtual="/server/footer.html" --> +<div id="footer"> +<div class="unprintable"> + +<p>Please send general FSF & GNU inquiries to +<a href="mailto:gnu@gnu.org"><gnu@gnu.org></a>. +There are also <a href="/contact/">other ways to contact</a> +the FSF. Broken links and other corrections or suggestions can be sent +to <a href="mailto:webmasters@gnu.org"><webmasters@gnu.org></a>.</p> + +<p><!-- TRANSLATORS: Ignore the original text in this paragraph, + replace it with the translation of these two: + + We work hard and do our best to provide accurate, good quality + translations. However, we are not exempt from imperfection. + Please send your comments and general suggestions in this regard + to <a href="mailto:web-translators@gnu.org"> + <web-translators@gnu.org></a>.</p> + + <p>For information on coordinating and submitting translations of + our web pages, see <a + href="/server/standards/README.translations.html">Translations + README</a>. --> +Please see the <a +href="/server/standards/README.translations.html">Translations +README</a> for information on coordinating and submitting translations +of this article.</p> +</div> + +<p>Copyright © 2014 Free Software Foundation, Inc.</p> + +<p>This page is licensed under a <a rel="license" +href="http://creativecommons.org/licenses/by-nd/3.0/us/">Creative +Commons Attribution-NoDerivs 3.0 United States License</a>.</p> + +<!--#include virtual="/server/bottom-notes.html" --> + +<p class="unprintable">Updated: +<!-- timestamp start --> +$Date: 2014/07/13 21:47:00 $ +<!-- timestamp end --> +</p> +</div> +</div> +</body> +</html> |