6 ms·

Err, is that how DMCA works? Can the copyright owner retroactively change conditions of the license [1]? [1] https://github.com/wa/wahoo/blob/master/LICENSE ht

by kardos 11y ago

Err, is that how DMCA works? Can the copyright owner retroactively change conditions of the license [1]? [1] https://github.com/wa/wahoo/blob/master/LICENSE https://github.com/wa/wahoo/blob/master/LICENSE

lcswi 11y ago
Nope
johnmaguire2013 11y ago
> Permission is hereby granted [...] and to permit persons to whom the Software is furnished to do so, subject to the following conditions: > The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. In his DMCA notice on Github, the author states that the copyright was not left intact. I'm not certain whether he can void the whole license for "oh-my-fish" because of that or not.
- deleted 11y ago
  [deleted]
- Ensorceled 11y ago
  That's exactly what the "subject to the following conditions" means. They have no right to use the code if the copyright notice provisions are not followed, following those conditions are what gives you the right to use the code. If I give a license to use my code on the condition you pay me money, if you don't pay you also don't get to use my code.
  - johnmaguire2013 11y ago
    I guess what I'm saying is: If they adjusted their code to comply with the license (i.e. add the copyright back), can they retroactively agree to the terms of the license? Or in fact, does the creator of the original project have the ability to say "I no longer offer this license to you"?
    - Tzadeck 11y ago
      He can't. Even if he authored all of the code in OhMyFish/Wahoo, which maybe be the case, the OhMyFish folk can rightly use the entire source of Wahoo granted they comply to the MIT license, which they didn't hence the DMCA takedown: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
      - johnmaguire2013 11y ago
        Yes, I was the one who initially noted that he didn't comply with that clause. I was wondering whether the original creator could retroactively revoke the MIT license permanently from the guy who abused the license.
tinco 11y ago
You missed a crucial part of the license: subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. In the DMCA it's stated that his copyright is not credited, so they are in violation of MIT. If it's true that's a pretty low blow, it's so easy to use MIT code in a compliant way.
- kardos 11y ago
  Ah, missed that, thanks.
linksbro 11y ago
If oh-my-fish didn't include the copyright and reproduction notice outlined in the MIT license, then yes, this is how the DMCA works. However, the author cannot enforce that they don't use the 'wahoo' repo. If oh-my-fish attributes correctly, and includes wahoo's license, then they can use it.

by kardos 11y ago

lcswi 11y ago

Nope

johnmaguire2013 11y ago

> Permission is hereby granted [...] and to permit persons to whom the Software is furnished to do so, subject to the following conditions: > The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. In his DMCA notice on Github, the author states that the copyright was not left intact. I'm not certain whether he can void the whole license for "oh-my-fish" because of that or not.

deleted 11y ago
[deleted]
Ensorceled 11y ago
That's exactly what the "subject to the following conditions" means. They have no right to use the code if the copyright notice provisions are not followed, following those conditions are what gives you the right to use the code. If I give a license to use my code on the condition you pay me money, if you don't pay you also don't get to use my code.
- johnmaguire2013 11y ago
  I guess what I'm saying is: If they adjusted their code to comply with the license (i.e. add the copyright back), can they retroactively agree to the terms of the license? Or in fact, does the creator of the original project have the ability to say "I no longer offer this license to you"?
  - Tzadeck 11y ago
    He can't. Even if he authored all of the code in OhMyFish/Wahoo, which maybe be the case, the OhMyFish folk can rightly use the entire source of Wahoo granted they comply to the MIT license, which they didn't hence the DMCA takedown: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
    - johnmaguire2013 11y ago
      Yes, I was the one who initially noted that he didn't comply with that clause. I was wondering whether the original creator could retroactively revoke the MIT license permanently from the guy who abused the license.

tinco 11y ago

You missed a crucial part of the license: subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. In the DMCA it's stated that his copyright is not credited, so they are in violation of MIT. If it's true that's a pretty low blow, it's so easy to use MIT code in a compliant way.

kardos 11y ago
Ah, missed that, thanks.

linksbro 11y ago

If oh-my-fish didn't include the copyright and reproduction notice outlined in the MIT license, then yes, this is how the DMCA works. However, the author cannot enforce that they don't use the 'wahoo' repo. If oh-my-fish attributes correctly, and includes wahoo's license, then they can use it.