[LAD] students and copyright

[Arnout Engelen]

On Sun, Aug 02, 2009 at 02:20:15PM +0200, Ralf Mardorf wrote:
> Arnout Engelen wrote:
>> If you don't have the copyright to a piece of code you wrote, for example
>> because you wrote it for your employer, then this means you are *not allowed*
>> to distribute this code. Not under the GPL, and not under whatever 
>> other license either.
>>
>> To distribute the code, you must either get the copyright on the work back,
>> or get permission from the actual copyright holder (employer, institution) to
>> do so.
>
> You misunderstood my broken English. GPL only allows a copyleft, that's  
> why no institute or professor can use GPL licensed code and take on the  
> copyright.
>
> I don't think any institute is allowed to take on a copyright by using GPL 
> licensed code.

Example. 

Say I'm employed, and I'm working on some project for my employer. I download
some GPL'ed code, and write some nontrivial additions to it.

This now means the institution has the copyright on the code I wrote. If I'd  
want to distribute this software, I'd need 2 things:
1) distribute it under the GPL
2) ask my employer to either:
  a) grant me my copyright back on the additions
  b) give me permission to distribute the software under the GPL

If I wouldn't do (1), I would violate the copyright of the original author of 
the GPL'ed code I download.

If I wouldn't do (2), I would violate the copyright of my employer.

In other words, if my employer doesn't give me permission to distribute the 
work I did for him, I cannot distribute it at all, regardless of the GPL.
The instition is still bound by the GPL though, so they can't distribute the
software under anything other than the GPL - but they can still choose not to 
distribute at all.


Arnout