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Not easier

Not easier

Posted May 23, 2004 16:40 UTC (Sun) by rfunk (subscriber, #4054)
In reply to: Linus on documenting patch provenance by leandro
Parent article: Linus on documenting patch provenance

The FSF-style copyright assignment may (or may not) be better legally,
but it's certainly not easier, since that would require a LOT more
paperwork than a maintainer adding a single line to the patch
description.

Anyway, copyright assignment solves a different problem than Linus's
solution does. Linus is trying to track the path a patch takes, not who
owns it.


to post comments

Not easier

Posted May 24, 2004 4:02 UTC (Mon) by leandro (guest, #1460) [Link] (1 responses)

> that would require a LOT more paperwork than a maintainer adding a single line to the patch description [...] Linus is trying to track the path a patch takes, not who owns it.

The copy rights assignment thing automatically takes care of the path -- the person assigning the copy rights implicitly states he owns the code, so any misappropriation responsibily is pushed over to the contributor. Who BTW also gets properly identified.

Not easier

Posted May 24, 2004 4:35 UTC (Mon) by rfunk (subscriber, #4054) [Link]

Sure. It's still not easier to do copyright assignment.

Not easier

Posted May 24, 2004 5:52 UTC (Mon) by JoeBuck (subscriber, #2330) [Link] (3 responses)

It's not really a lot more paperwork; under the GNU scheme, each contributor would do paperwork only one time, at least until changing jobs, and then a new employer disclaimer is needed. Getting that first paperwork done, and getting the employer to agree, can be a hassle.

What about the trivial submitters?

Posted May 24, 2004 12:00 UTC (Mon) by Duncan (guest, #6647) [Link] (2 responses)

> It's not really a lot more paperwork [because]
> each contributor would do paperwork only one time[.]

Perhaps it /would/ be done only once per person-job. That doesn't
eliminate the problem, however.

Why? Because what we've then done is make it impossible for an individual
to point to a problem and provide even a one-changed character patch (in
the event of a detected typo, say), for the first and possibly last time
in his life.

There are a lot of this type of "trivial" submitters around. People who
know C but don't really know the kernel. However, they use a driver that
doesn't work, or quits working, take a look at the code, and despite not
knowing much about the kernel, see something obvious and provide a bug
report together with a patch that "works for them." Then they go on about
their normal life, leaving the driver maintainer to check the patch, see
that it is indeed a typo affecting a corner case that nobody ever caught
before, and apply it.

What we are now suggesting is that said "trivial" submitters could no
longer submit anything, until they jumped thru a bunch of legal paperwork,
that isn't really worth it for that one character.

That's obviously an extreme example, but make it a 10-line change instead
of single character change, and it's a significant amount of people over
the course of a year, I'd guess.

Of course, not having assigned copyright does therefore make it
essentially impossible to ever change the license to the kernel in
general, because it's going to be impossible to find all those <= 10-line
submitters from over the years, but that's actually part of the object --
a practical guarantee that the kernel license can never and will never
change.

Duncan

What about the trivial submitters?

Posted May 24, 2004 15:17 UTC (Mon) by bfields (subscriber, #19510) [Link]

What we are now suggesting is that said "trivial" submitters could no longer submit anything, until they jumped thru a bunch of legal paperwork, that isn't really worth it for that one character.

I don't think GNU has ever required that: http://www.gnu.org/prep/maintain_5.html

In fact, it looks to me (I'm not really familiar with the process, just doing a google search on "site:www.gnu.org copyright assignment") like they have two levels short of full copyright assignment: for trivial contributions nothing may be required, for smaller contributions a disclaimer that's short of a copyright assignment may be sufficient.

--Bruce Fields

What about the trivial submitters?

Posted May 24, 2004 15:41 UTC (Mon) by madscientist (subscriber, #16861) [Link]

Trivial submitters on the scale you describe (one changed character, or even 10 lines) does *not* require approval under the GNU guidelines. The GNU guidelines for developers say:

> 4.2 Legally Significant Changes

> If a person contributes more than around 15 lines of code and/or text
> that is legally significant for copyright purposes, which means we need
> copyright papers for it as described above.
>
> A change of just a few lines (less than 15 or so) is not legally
> significant for copyright. A regular series of repeated changes, such as
> renaming a symbol, is not legally significant even if the symbol has to
> be renamed in many places. Keep in mind, however, that a series of minor
> changes by the same person can add up to a significant contribution. What
> counts is the total contribution of the person; it is irrelevant which
> parts of it were contributed when.

Also, on copyright assignment: it's true that copyright is assigned to the FSF, but the FSF grants back to the contributor full unrestricted rights to the code they contributed. So, they can take the code they submitted (but only that code of course) and continue to use it in their proprietary applications if they would like--they have a license to use it outside the GPL.


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