Re: SGI releases IA64 C C++ and F90 compiler under GPL

[Mike Stump <mrs at windriver dot com>]

> To: Mike Stump <mrs@windriver.com>
> Date: Mon, 22 May 2000 17:53:59 -0400
> From: David Edelsohn <dje@watson.ibm.com>

> >>>>> Mike Stump writes:

> I think the crux of this question is the legal definition of "use".
> The Developer may use the Works.  Does that include re-distribute
> and license to third parties?  Rights to use the Works is different
> than title to the Works.

Irrelevant, I can do it without using clause d above.

> Also, it is unclear whether the non-exclusive ownership of the code
> that you sell in your example results in joint ownership.  Are you
> diluting your original ownership?

I sell non-joint non-exclusive ownership of the code.  I make this
clear in the sales agreement.  It is clear, as I write it, my lawyers
review it, and they sign off on it, and I explain exactly what it
means to the party I sell it to, in extensive detail until they
understand and I ensure their laywers read it and sign off on it and I
am I sure they both understand my intentions.

I don't understand the second part of your question.  I sign no clause
that restricts in any way any of my rights under the law to the code,
except for the one obvious one, I can't claim I have not ever sold the
code before.  I before selling them for the first time, I could sign a
sales contract selling my right to the code with the assertion that
this is the first sale or transfer.  After doing the sale, I could not
sign such a clause, this is the only limitation I enter into.

> This discussion now is about words for which we do not understand
> the legal definition

I think I understand what I write.  I do play a lawyer on the net.

> this is a legal contract, not common American English language and
> usage.

I know that.  I was using the same notion a laywer would take, not en
English professor.

> Arguing about legal issues without defining and understanding the
> terminology is useless.

I think I understand it, correct me if you think I am wrong.