On Wed, Apr 02, 2014 at 08:53:54AM -0600, Warner Losh wrote: > > On Apr 1, 2014, at 11:43 PM, David Gibson <david@xxxxxxxxxxxxxxxxxxxxx> wrote: > > > On Tue, Apr 01, 2014 at 12:59:43PM -0600, Warner Losh wrote: > >> > >> On Apr 1, 2014, at 10:57 AM, Rob Herring <robherring2@xxxxxxxxx> wrote: > >> > >>> Ben Herrenschmidt. Who is the copyright holder on a file in the kernel > >>> with no copyright? Does this default to the author or Linus or nobody? > >> > >> In the absence of a formal, written conveyance of the Copyright, it belongs > >> to the author(s) of that file. > > > > It might depend on jurisdiction, but I don't believe presence or > > absence of a copyright notice actually changes who holds the > > copyright. It just makes it easier or harder to figure out who htat > > is. > > Pedantically correct. In the US copyright can only be transferred in writing. > Most other countries are similar, but there is still variation despite the attempts > to make it completely uniform. But the important bit is that there’s no “default” > author in copyright law if one fails to document the author. It doesn’t go to > Torvalds or The Linux Foundation or the Easter Bunny. The original author > is the person who wrote it, or if it was a work for hire or such a contract exists > then the employer of the person who wrote it. Just to add more wrinkles to > the mix. Right, we are in agreement. I'm sorry, I misread your initial comment as referring to a copyright notice, rather than a separate conveyance of copyright. -- David Gibson | I'll have my music baroque, and my code david AT gibson.dropbear.id.au | minimalist, thank you. NOT _the_ _other_ | _way_ _around_! http://www.ozlabs.org/~dgibson
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