bomber wrote:There does seem to be some claim that adding a licence to existing work is wrong..
As I read it all work is covered by default copyright... so if it has no licence you can't simply add one as this is reducing the copyright.
No licence is a higher protective licence than CC on this case.
You can read Thorsten today in the devel list suggesting D-ECHO not to take legal advise from me
(but his graduating from law school with a degree on licenses I had seen not)
In any case.
This is the clear cut situation.
Copyright protection implies that any copyright-eable work is
BY DEFAULT granted
ALL RIGHTS RESERVED status. All right reserve implies that only the copyright owner has authority to control everything, from copying, modification and distribution.
Thus, if you wish your work to remain "ALL RIGHTS RESERVED" you can simply exclude any licensing term.
BUT the recommendation is add the note in a license fileA license, translates legally as "a permission" or an authorization.
In the case of GPL, per example, the author maintains copyright, but relinquish or grants permission to all Copy, Modify and distribute (both equal copies or modifies copies of the work). This maintains as such, only if the third person respects the GPL license. (ultimately GPL license is respected by maintaining strict adherence to the CopyLeft Clauses, that is the license and authorship can't be changed or deleted).
Now. Let's say author X did make a plane for FG 6 years ago, and did not add any license at all.
It is correct that ALL RIGHTS RESERVE currently applies. And as such,
Downloading the aircraft, which is an act of copying is illegal.
But now the author placed a link somewhere in Internet. Which implied he had will of allowing you to hit download, and thus copying.
So? How is that compatible? It is not!
The clear understanding here is that the author at least is providing some means to copy, and thus authorized copying.
This does not mean he accepted to license as GPL.
In the case of very old FG planes (many of those "license undeclared" in NON-GPL), the most logical implicit situation is that the author, working on a plane for FG (a GPL software) intended, to begin with to create a GPL work, but omitted stating the license.
That omission is big, because as the author leaves the community, his work is definitely unlicensed. Then downloading is unpermitted. yet he created the link.
Assuming GPL and stamping GPL on that work is problematic (although the most likely original situation)
Now, why is it problematic? Because GPL is too open. 1) it allows derivative works, 2) it allows commercialization. Both situations some authors may be more wary of, when compared to just allow download and usage (which Certain creative commons licenses permit restriction)
So, What I decided, given the lack of a license was to temporally protect the work under Creative Commons, which allows redistributions (aka create and fork the repository) but prevents commercial usage. Thus All I'm doing is placing restrictions on the work, [b]Until the original author pops up, and tells me what's what[b/]
I have got 1 author, Heiko, telling me that the work of his undeclared license was supposed to be GPL
(Just as my guess for the rest). No problem. I complied his request, removed the NON-GPL repository, clarified the license and transferred to the proper FGMEMBERS collection,.
If other author comes and tells me it 's all rights reserved, I can just knock the repo down. Sorry, but he would own the rights. But Skyop does not own that right, either, so that's that.
An author could claim: Why did you add CC to my GPL work. The answer, is, with deeply apology, he forgot to clarify license leaving the door open to all sort of management
GPL lawyers would even tell you that your protection is limited, and people could even take the work and make it fully propietary, and since the author is the one making a clear omission there is a posibility that the person taking the work and making it propietary could make the case a win for them (triple loss)
I hope it clarifies, and it makes sense that in the mean time providing some temporal protection under CC makes more sense than fully opening the work (GPL) [most likely original intention],
IH-COL