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Re: [O] ox-html.el removal


From: T.F. Torrey
Subject: Re: [O] ox-html.el removal
Date: Mon, 11 Mar 2013 13:11:45 -0700

Jambunathan K <address@hidden> writes:

> Meanwhile, someone should fix up the FSF assignment notice on those
> files.  As far as I am concerned, it is a routine housekeeping thing and
> hasn't taken effect.  I am not assigning any copyright to FSF.

Section 1a of the copyright assignment agreement is very specific:

#+BEGIN_QUOTE:
  1.(a) Developer hereby agrees to assign and does hereby assign to FSF
Developer's copyright in changes and/or enhancements to the suite of
programs known as EMACS (herein called the Program), including any
accompanying documentation files and supporting files as well as the
actual program code. These changes and/or enhancements are herein called
the Works.
#+END_QUOTE:

As a signed contributor, you have already assigned copyright of your
"changes and/or enhancements" to Emacs to the FSF (and therefore to this
community).  The agreement does not limit the assignment to those that
land in an Emacs release, or those you don't change your mind about, or
anything like that.  Any changes and/or enhancements to Emacs became
property of the FSF from the moment you wrote them.

Because you are not the copyright holder, it isn't even your prerogative
to decide which license the code is released under.  It happens to be
GPL, but the code is licensed by the copyright holder, which is the FSF,
not you.

Even listing you as an author in the file is a courtesy, not an
obligation.

Furthermore, any future code you might write concerning Org is also
automatically property of the FSF, and by extension this community.  You
have no rights to it, moral or otherwise.

#+BEGIN_QUOTE:
(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.
#+END_QUOTE:

With the copyright assignment in place, there is nothing to "clear up"
for the next release of Emacs.  The FSF owns the code.  You gave it to
them for "$1 and other good and valuable consideration".

There is no way to change these terms for code you have already written,
unless you can convince the FSF to assign the copyright back to you, or
win the rights through legal action, neither of which sound fruitful.

If you are unhappy granting the copyright to your future Org code to the
FSF, your only recourse is to terminate your agreement with the FSF.  I
don't precisely know how that would be done, given that the copyright
assignment document makes no provision for its cancellation, but a
simple, formal notice of termination of the agreement might suffice,
even if made only to this list, which is operated by the FSF and managed
by its representatives.

Also, if you genuinely believe that anyone (including you) has a claim
to the rights to the Emacs code you have written, Section 2 of the
copyright assignment requires you to notify them:

#+BEGIN_QUOTE:
2. Developer will report occasionally, on Developer's
initiative and whenever requested by FSF, 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 FSF or to
the purpose of this contract.
#+END_QUOTE:

Finally, this is only my understanding of the copyright assignment, but
the terms seem straightforward and clear.  If there really is
uncertainty among the developers here about what the copyright
assignment means, we should get clarification from RMS about the intent
or FSF legal about its legal implications before it leads to a lot of
hurt feelings (or worse).

All the best,
Terry
-- 
T.F. Torrey



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