RMS: If FSF is giving you trouble, recover the (C) using the 30 year statutory method and make a new entity.

From: mikeeusa2
Date: Fri Mar 26 2021 - 08:24:39 EST


Dear RMS: This if the FSF is giving you trouble, you could recover your copyrights using the 2nd method (the Statutory method), make a new foundation, or just a new corp entity, and transfer the copyright again to that new entity. A new corp entity costs 200 dollars. You can swing that, right? (The legal action vis a vis the copyright recovery takes considerably more)

---------------------------------------------------------------
(1st method, for those who have not transferred their copyrights)
(Linux, most OSS projects, those who ignored how RMS set things up and thought it was for no reason)
---------------------------------------------------------------
However, nonexclusive licenses are revocable (meaning the copyright owner can revoke the license at any time) in the absence of consideration.
https://www.dmlp.org/legal-guide/creating-written-contract-transfer-or-license-rights-under-copyright

[...] The most plausible assumption is that a developer who releases
code under the GPL may terminate GPL rights, probably at will.
--David McGowan, Professor of Law, University of Minnesota Law School:

p278 "Notice that in a copyright dispute over a bare license, the
plaintiff will almost certainly be the copyright owner. If a licensee
were foolish enough to sue to enforce the terms and conditions of the
license, the licensor can simply revoke the bare license, thus ending
the dispute. Remeber that a bare license in the absence of an interest
is revocable."
--Lawrence Rosen
https://www.amazon.com/Open-Source-Licensing-Software-Intellectual/dp/013148787


("[N]onexclusive licenses are revocable absent consideration."). Where consideration is present, however, the license is irrevocable, and "[t]his is so because a nonexclusive license supported by consideration is a contract. Lulirama Ltd. v. Axcess Broad. Servs., Inc., 128 F.3d 872, 882 (5th Cir. 1997); see also Carson v. Dynegy, Inc., 344 F.3d 446, 451 (5th Cir. 2003).


https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1592&context=faculty_scholarship
For the same reason, a licensee's commitment to use offered software in a particular way cannot constitute consideration. Because the licensee has no right prior to the license to use the software in any way, a grant of only limited uses of it is merely a gift. The fact that the giver could have been even more generous by granting use of the software with no restrictions does not alter this conclusion. It is still the case that the licensee has not given up anything. Only if the licensee gives up some right, says contract law, will there be valid consideration.

---------------------------------------------------------------
(2nd method, Statutory)
(For those who transferred their copyrights, and are now contending with a hostile takeover*)
(*this happens all the time with corps and foundations, you didn't expect it to happen to you?)
---------------------------------------------------------------
Additionally if you dislike that method and prefer a different method explicitly stated by Congress:
By statutory law, an author can recover any copyrights signed away after (+-)30 years (US Copyright act).

The design of a program etc is a copyrightable aspect. RMS fixed this in form 30 years ago.

https://www.copyright.gov/docs/203.html
Termination of Transfers and Licenses Under 17 U.S.C. §203

Section 203 of the Copyright Act permits authors (or, if the authors are not alive, their surviving spouses, children or grandchildren, or executors, administrators, personal representatives or trustees) to terminate grants of copyright assignments and licenses that were made on or after January 1, 1978 when certain conditions have been met. Notices of termination may be served no earlier than 25 years after the execution of the grant or, if the grant covers the right of publication, no earlier than 30 years after the execution of the grant or 25 years after publication under the grant (whichever comes first). However, termination of a grant cannot be effective until 35 years after the execution of the grant or, if the grant covers the right of publication, no earlier than 40 years after the execution of the grant or 35 years after publication under the grant (whichever comes first).