On Thu, Oct 27, 2016 at 11:02 AM, Matthias Maier <tam...@gentoo.org> wrote:
>
> On Thu, Oct 27, 2016, at 09:11 CDT, Rich Freeman <ri...@gentoo.org> wrote:
>
>> I'd think that the title of a legal document falls more under
>> trademark law than copyright law.  That is why the FSF publishes the
>> "GNU GENERAL PUBLIC LICENSE" and not just the "GENERAL PUBLIC
>> LICENSE."  The former has far more trademark protection than the
>> latter.
>
> What?
>
> No, this is *not* how it works.
>
> A license text is an original piece of work that falls under copyright
> protection.

We're not talking about the text of the license in the paragraph
above.  We're talking about the title of the license.

> In this case the copyright holder is the
>
>   »The Linux Foundation and its contributors«.

Well, there is no statement of copyright in this file:
https://git.kernel.org/cgit/linux/kernel/git/torvalds/linux.git/tree/Documentation/SubmittingPatches

But, I don't dispute that the Linux Foundation and its contributors
hold the copyright.

>
> The terms of distribution are
>
>   »Everyone is permitted to copy and distribute verbatim copies of this
>   license document, but changing it is not allowed.«
>

That text does not appear anywhere in the file I linked.

The GPL does, however.

>
> You cannot simply copy a substantial amount of text into your work (no
> matter what it is) if you do not have the right to do so.
>

I agree.  I certainly wouldn't do it if the Linux Foundation hadn't
published it under the GPL.

>> The Linux Foundation published a version of their DCO under the GPL,
>> which we would of course abide by.
>
> I highly doubt that, see my previous e-mail.
>

I just linked it, and it was linked in the draft policy.

The fact that they published it elsewhere under a different license
just means that it is effectively dual-licensed.  It doesn't diminish
any rights conferred under the GPL.

-- 
Rich

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