[thelist] Open source licensing and web development
Kasimir K
evolt at kasimir-k.fi
Wed Oct 27 07:56:44 CDT 2004
M. Seyon wrote on 2004-10-27 03:38:
>>So any of the html documents the visitors access would be beyond my
>>licences, as I did not create them, but my client did. Is this correct?
>
> No, I don't think that's at all correct. If Ford builds the machine that
> builds its cars but didn't necessarily build the cars, does that mean they
> don't own the rights to the cars?
Let's have an example from the digital domain: Adobe makes Photoshop, I
use it to create an image from scratch - how owns the image? Me of course.
Now, I make a website with a CMS and my client uses it to create
original work published on the web in form of html-documents.
In both cases a client uses a software product to give their ideas
digital form.
> I guess if you want to find a specific technical argument for why you do
> actually have rights to the html documents you could delve into the
> "derivative works" aspects of copyright.
Let's have a look at what GPL's take on this is:
"The act of running the Program is not restricted, and the output from
the Program is covered only if its contents constitute a work based on
the Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does."
I wouldn't say, that a person using a CMS is basing their work on the
program code of the said CMS. On the other hand, in the PHP code I have
my <div>s and things that apperar on the html document together with the
users input.
> That said, as in most matters legal, I really don't think bringing your
> questions to thelist for a definitive answer is the wisest decision.
Oh, of course I wouldn't bring my legal questions here for a definitive
answer! I'm after different views and opinions, and especially the
experiences of those who have been dealing with GPLd websites.
This subject indeed is muddy waters, but I think an effort to clear it a
bit would be a good idea...
.k
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