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An author that licenses the software under GPL, but does not release the source code in that format cannot legally incorporate outsider contributions into his G

An author that licenses the software under GPL, but does not release the source code in that format cannot legally incorporate outsider contributions into his GPL'd work as he would be in a position of infringing the derivative work author's right. > a licensee who receives ... GPL license cannot compel the copyright owner to do anything. Unless licensee in question has also contributed to a published revision of original licensor's code. And for that to work (remember the wording "preferred form for modification"), you need a form suitable for modification by a skilled stranger with little prior exposure to said work. You would otherwise get different preferred forms of modification of each contributor, which is unworkable.

bdowling 6y ago
> you need a form suitable for modification by a skilled stranger with little prior exposure to said work That’s a nice idea, but it’s not a condition of the GPL. GPL v2 and v3 both only state, “The ‘source code’ for a work means the preferred form of the work for making modifications to it.” That definition exists because without it a licensee might try to argue that distribution of modified and then obfuscated code satisfies the source code offer condition. Regarding a project licensed to others under the GPL, if the project owner accepts contributions under the GPL, then he becomes a licensee of the contributions. So, as you pointed out, he would need to meet the “preferred form” clause and other terms, at least as regards to the contributed portions. As you might expect, for a substantial project with many contributors, this could become very complicated. Therefore, many projects require contributions be made under a more liberal license (or even a copyright assignment) that allows the contribution to be sub-licensed to others without conditions.
- anticensor 6y ago
  > Therefore, many projects require contributions be made under a more liberal license (or even a copyright assignment) that allows the contribution to be sub-licensed to others without conditions. Most, but not all of European jurisdictions, have a legal stipulation that all copyright assignments are either void or revocable even if the assigner says otherwise, except for work-for-hire. You therefore cannot release yourself from preferred form even if you required a copyright assignment, otherwise you will get stuck in the case any further published modifications to your work, not only for the contributions, but any part those modifications that interact so much so that they are inseparable, even by the original licensor, may become illegal overnight. As GPL does not state "the form deemed preferred for modifications by the licensor(s)", but " preferred form ... for modifications", you need to apply that objective definition I stated above. It would be nice if they explicitly stated that way though, relieving a lot of load from judges in resolving a possible dispute on which forms are preferrable for modification and which are not.
  - bdowling 6y ago
    It may help to think about who can sue whom. Generally only a copyright owner can sue an infringer. A license operates as a defense against a claim of infringement. If a licensee fails to meet a condition, then the license is invalid. So, in the case of the project owner who (1) starts out owning all of the rights to the project, (2) incorporates code licensed from a contributor and, (3) distributes the combination, the only person who could possibly sue the project owner for copyright infringement is the contributor. The claim would only pertain to the contributor's code, because that is the only part he owns the copyright to. The project owner/defendant would raise the license as a defense and the key question would shift to whether the owner/defendant violated any of the conditions of the license. Where the license is the GPL, one of the conditions is partially affected by the "preferred form" definition of source code. The court would look at what the owner/defendant did and whether he met that condition. Importantly, the condition and "preferred form" definition would only be considered in relation to the plaintiff's code; the owner/defendant's code wouldn't be relevant. Regarding the contributor's code being "inseparable", that will not be the case for one very simple reason: If the contributor sues the project owner, then he must identify which portion of the code he is suing about. If he can't do that or can't show ownership of it, then he will lose.
    - anticensor 6y ago
      > license operates as a defense against a claim of infringement It works like that in fully assignable IP jurisdictions (like USA), but it works like a contract of adhesion in the author's compulsory rights jurisdictions (like Germany and Czechia). What I meant by inseparable contribution was a significant contribution, when eliminated, that would make entire work not resemble the current state of the work; i.e. the line that tells derivative work versus near-equal co-authorship apart (which are treated similarly in fully assignable IP jurisdictions, yet have entirely different regimes in the compulsory rights jurisdictions). Not the entirety of the work indeed. > the condition and "preferred form" definition would only be considered in relation to the plaintiff's code; the owner/defendant's code wouldn't be relevant. It would, in a compulsory rights jurisdiction, because all copyright assignments are either void or revocable at will in such jurisdictions.

bdowling 6y ago

> you need a form suitable for modification by a skilled stranger with little prior exposure to said work That’s a nice idea, but it’s not a condition of the GPL. GPL v2 and v3 both only state, “The ‘source code’ for a work means the preferred form of the work for making modifications to it.” That definition exists because without it a licensee might try to argue that distribution of modified and then obfuscated code satisfies the source code offer condition. Regarding a project licensed to others under the GPL, if the project owner accepts contributions under the GPL, then he becomes a licensee of the contributions. So, as you pointed out, he would need to meet the “preferred form” clause and other terms, at least as regards to the contributed portions. As you might expect, for a substantial project with many contributors, this could become very complicated. Therefore, many projects require contributions be made under a more liberal license (or even a copyright assignment) that allows the contribution to be sub-licensed to others without conditions.

anticensor 6y ago
> Therefore, many projects require contributions be made under a more liberal license (or even a copyright assignment) that allows the contribution to be sub-licensed to others without conditions. Most, but not all of European jurisdictions, have a legal stipulation that all copyright assignments are either void or revocable even if the assigner says otherwise, except for work-for-hire. You therefore cannot release yourself from preferred form even if you required a copyright assignment, otherwise you will get stuck in the case any further published modifications to your work, not only for the contributions, but any part those modifications that interact so much so that they are inseparable, even by the original licensor, may become illegal overnight. As GPL does not state "the form deemed preferred for modifications by the licensor(s)", but " preferred form ... for modifications", you need to apply that objective definition I stated above. It would be nice if they explicitly stated that way though, relieving a lot of load from judges in resolving a possible dispute on which forms are preferrable for modification and which are not.
- bdowling 6y ago
  It may help to think about who can sue whom. Generally only a copyright owner can sue an infringer. A license operates as a defense against a claim of infringement. If a licensee fails to meet a condition, then the license is invalid. So, in the case of the project owner who (1) starts out owning all of the rights to the project, (2) incorporates code licensed from a contributor and, (3) distributes the combination, the only person who could possibly sue the project owner for copyright infringement is the contributor. The claim would only pertain to the contributor's code, because that is the only part he owns the copyright to. The project owner/defendant would raise the license as a defense and the key question would shift to whether the owner/defendant violated any of the conditions of the license. Where the license is the GPL, one of the conditions is partially affected by the "preferred form" definition of source code. The court would look at what the owner/defendant did and whether he met that condition. Importantly, the condition and "preferred form" definition would only be considered in relation to the plaintiff's code; the owner/defendant's code wouldn't be relevant. Regarding the contributor's code being "inseparable", that will not be the case for one very simple reason: If the contributor sues the project owner, then he must identify which portion of the code he is suing about. If he can't do that or can't show ownership of it, then he will lose.
  - anticensor 6y ago
    > license operates as a defense against a claim of infringement It works like that in fully assignable IP jurisdictions (like USA), but it works like a contract of adhesion in the author's compulsory rights jurisdictions (like Germany and Czechia). What I meant by inseparable contribution was a significant contribution, when eliminated, that would make entire work not resemble the current state of the work; i.e. the line that tells derivative work versus near-equal co-authorship apart (which are treated similarly in fully assignable IP jurisdictions, yet have entirely different regimes in the compulsory rights jurisdictions). Not the entirety of the work indeed. > the condition and "preferred form" definition would only be considered in relation to the plaintiff's code; the owner/defendant's code wouldn't be relevant. It would, in a compulsory rights jurisdiction, because all copyright assignments are either void or revocable at will in such jurisdictions.