From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: X-Spam-Checker-Version: SpamAssassin 3.4.0 (2014-02-07) on aws-us-west-2-korg-lkml-1.web.codeaurora.org X-Spam-Level: X-Spam-Status: No, score=-6.0 required=3.0 tests=DKIM_SIGNED,DKIM_VALID, DKIM_VALID_AU,HEADER_FROM_DIFFERENT_DOMAINS,MAILING_LIST_MULTI, MENTIONS_GIT_HOSTING,SPF_PASS,URIBL_BLOCKED autolearn=ham autolearn_force=no version=3.4.0 Received: from mail.kernel.org (mail.kernel.org [198.145.29.99]) by smtp.lore.kernel.org (Postfix) with ESMTP id C1F7BC004C9 for ; Wed, 8 May 2019 00:10:08 +0000 (UTC) Received: from vger.kernel.org (vger.kernel.org [209.132.180.67]) by mail.kernel.org (Postfix) with ESMTP id 2C47520675 for ; Wed, 8 May 2019 00:10:08 +0000 (UTC) Authentication-Results: mail.kernel.org; dkim=pass (2048-bit key) header.d=redchan.it header.i=@redchan.it header.b="bCXmNwBd" Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1726652AbfEHAKH (ORCPT ); Tue, 7 May 2019 20:10:07 -0400 Received: from mx1.cock.li ([185.10.68.5]:58579 "EHLO cock.li" rhost-flags-OK-OK-OK-FAIL) by vger.kernel.org with ESMTP id S1726604AbfEHAKE (ORCPT ); Tue, 7 May 2019 20:10:04 -0400 X-Greylist: delayed 349 seconds by postgrey-1.27 at vger.kernel.org; Tue, 07 May 2019 20:10:03 EDT MIME-Version: 1.0 DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/simple; d=redchan.it; s=mail; t=1557273851; bh=8G0TzcOzwSFxmUI0oP71wqUIU3dz/rah4Bu4Hn2AW4Q=; h=Date:From:To:Cc:Subject:From; b=bCXmNwBdPf/drfE7nppPOCJziilvIQJ8RYnE4Fnc6yOxcb7WmSzMRdY3TavehAigG ZyIYBvSLxELl30ck/QIc8sxQn7RlAqX92Xk4xzydlGKZYCvxM5EYd8qx93DS8Km7KQ 1K4n12eV3QOON89chJDZN5fDVWwfkNeXWBG5IcS1ZMx+2uoVhutWT8K5a+5t13TOuc 3r6Ozf941wmCEGM4ExhOu77ZjiW1TLRBp2aotTT0QsU7zaEI/dnVk8weFulhkjx6Kp /2jAqie5hhxKNn9//VoYXvRJQrThHKUMZTGP6CXAb7E60aIUClMcLfyBCA+Rt36Y5U wmjVZwEiDNXxw== Content-Type: text/plain; charset=US-ASCII; format=flowed Content-Transfer-Encoding: 7bit Date: Wed, 08 May 2019 00:04:11 +0000 From: informator@redchan.it To: andrew@rainway.io Cc: linux-kernel@vger.kernel.org Subject: To: Andrew Sampson: Rights granted by the GPL _can_ be "retroactively" retracted. Yes I am a lawyer Message-ID: X-Sender: informator@redchan.it User-Agent: Roundcube Webmail/1.3.6 Sender: linux-kernel-owner@vger.kernel.org Precedence: bulk List-ID: X-Mailing-List: linux-kernel@vger.kernel.org Dear Andrew Sampson; The proclamations given in the thread: github.com/Codeusa/Borderless-Gaming/issues/312 are incorrect. If the non-exclusive licensee did not pay the copyright holder consideration for receipt of the permissions given regarding the copyrighted work, the copyright holder can freely rescind those permissions _AT_ANY_TIME_ . The reasons are as follows: For the licensee to "hold" the licensor to any promise regarding when and how rescission is to take place there must be a contract between the two. A contract requires valid bargained-for consideration. Otherwise any "promise" made is an Illusory Promise (unenforceable). "Nothing" is not valid consideration. Obeying a pre-existing duty is not valid consideration. The licensee has a pre-existing duty to obey copyright law, without permission from the copyright holder he may not use/modify/make-derivative-works-of/distribute/distribute-derivative-works-of. That permission is what he is attempting to "contract" for. Saying one will follow those permissions is not valid consideration to "pay" for those permissions. Promising not to violate the copyright holder's rights -by promising to only use the copyrighted works as freely permitted by the copyright holder, is not valid consideration as that is a pre-existing duty. Yes: Codeusa: you _C_A_N_ revoke GPL permissions from free-takers at your will. And you should do so if that is needed for your livelihood to succeed. You should do so if it is simply your want. Do not the pennyless leaches intimidate you from making your own decisions regarding your work of authorship. They gave you nothing, you asked for nothing, they have nothing. Remember: a non-exclusive license is not a transfer, it is permission. Permission that can be ended at any time unless there exists an attached interest (ie: the other side payed you for a license contract) Also Remember: The FSF has _always_ (and still does) required Copyright Transfers before it would accept a contribution. And yes: I am a lawyer. Of course: consult your local copyright attorney. Strategy is important in these cases. The free-loaders feel they have the 9th circuit judges in the bag, and that the 9th circuit will invalidate the concept of consideration if needed to protect the California tech industry (so revoke from those outside the 9th circuit first). For easy to read by lay-people discussions on this topic: lkml.org/lkml/2019/5/4/334 lkml.org/lkml/2019/5/3/698 For legal articles and treatises that agree: no consideration from GPL free-taker, no contract, revocable by the copyright holder: scholarship.law.duke.edu/faculty_scholarship/1857/ www.amazon.com/Open-Source-Licensing-Software-Intellectual/dp/0131487876 papers.ssrn.com/sol3/papers.cfm?abstract_id=243237 Note: I tried to inform you of this on your github account but was immediatly "hell banned" by github. Sincerely; Pro-Bono Attorney