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Shriramana Sharma
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Since: Sep 26, 2006
Posts: 10



PostPosted: Fri Jun 29, 2007 6:10 am    Post subject: "all rights reserved" and GPL
Archived from groups: linux>debian>legal (more info?)

Hello. In the license header of a source file being licensed under the
GPL, there must be a copyright notice. Sometimes I see the usage of "All
rights reserved" in that notice:

// Copyright (C) 2007, Company X. All rights reserved.

1) Is the usage of "All rights reserved" appropriate when a file is
being licensed under the GPL, or in fact under whatever license?

2) What is the purpose of its usage?

3) If it is that the licensor wants to say: "Any rights I have not
explicitly given you, you do not have"?

4) If so, would it not be necessary, strictly speaking, to say so, i.e.
"All rights regarding this work, unless explicitly granted to the
licensee, are reserved by the licensor"? "All rights reserved" seems to
be inappropriate, if not incorrect, when in fact all rights are *not*
reserved.

5) Is it *advisable* to use such a terminology in a copyright statement
in a file licensed under the GPL?

Thanks for your thoughts.

Shriramana Sharma.


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ajdlinux
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Since: May 27, 2007
Posts: 9



PostPosted: Fri Jun 29, 2007 6:20 am    Post subject: Re: "all rights reserved" and GPL [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

On 6/28/07, Shriramana Sharma <samjnaa DeleteThis @gmail.com> wrote:
> Hello. In the license header of a source file being licensed under the
> GPL, there must be a copyright notice. Sometimes I see the usage of "All
> rights reserved" in that notice:
>
> // Copyright (C) 2007, Company X. All rights reserved.
>
> 1) Is the usage of "All rights reserved" appropriate when a file is
> being licensed under the GPL, or in fact under whatever license?
>
> 2) What is the purpose of its usage?
>
> 3) If it is that the licensor wants to say: "Any rights I have not
> explicitly given you, you do not have"?
>
> 4) If so, would it not be necessary, strictly speaking, to say so, i.e.
> "All rights regarding this work, unless explicitly granted to the
> licensee, are reserved by the licensor"? "All rights reserved" seems to
> be inappropriate, if not incorrect, when in fact all rights are *not*
> reserved.
>
> 5) Is it *advisable* to use such a terminology in a copyright statement
> in a file licensed under the GPL?


"The requirement to add a notice became obsolete and essentially
deprecated on August 23, 2000, as every country that was a member of
the Buenos Aires Convention (which is the only copyright treaty
requiring this notice to be used) is also a member of the Berne
Convention which requires protection be granted without any formality
of notice of copyright."

All rights reserved has pretty much no legal effect now.


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Nic Suzor
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Since: Jun 29, 2007
Posts: 1



PostPosted: Fri Jun 29, 2007 6:20 am    Post subject: Re: "all rights reserved" and GPL [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

Hi,

On 6/28/07, Shriramana Sharma <samjnaa.DeleteThis@gmail.com> wrote:
> Hello. In the license header of a source file being licensed under the
> GPL, there must be a copyright notice. Sometimes I see the usage of "All
> rights reserved" in that notice:
>
> // Copyright (C) 2007, Company X. All rights reserved.

The use of the terminology 'All rights reserved' is directly
inconsistent with also saying that it is licensed under the GPL. It
should always be avoided.

> 3) If it is that the licensor wants to say: "Any rights I have not
> explicitly given you, you do not have"?

On its current wording, I would interpret the phrase "All rights
reserved" to mean that there is no licence given over the file.

> 4) If so, would it not be necessary, strictly speaking, to say so, i.e.
> "All rights regarding this work, unless explicitly granted to the
> licensee, are reserved by the licensor"? "All rights reserved" seems to
> be inappropriate, if not incorrect, when in fact all rights are *not*
> reserved.

Correct; if this is desired (it really shouldn't be, the licences
generally say this anyway), you could state "All rights not
specifically granted under a licence ... are reserved."

>
> 5) Is it *advisable* to use such a terminology in a copyright statement
> in a file licensed under the GPL?

Regards,

Nic

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Antti-Juhani Kaijanaho
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Since: Feb 07, 2007
Posts: 19



PostPosted: Fri Jun 29, 2007 7:30 am    Post subject: Re: "all rights reserved" and GPL [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)

On Thu, Jun 28, 2007 at 12:13:04PM +0530, Shriramana Sharma wrote:
> // Copyright (C) 2007, Company X. All rights reserved.
>
> 1) Is the usage of "All rights reserved" appropriate when a file is
> being licensed under the GPL, or in fact under whatever license?

No.

> 2) What is the purpose of its usage?

There was once an international convention that required the phrase for
copyright protection to apply. The convention is no longer relevant.

> 3) If it is that the licensor wants to say: "Any rights I have not
> explicitly given you, you do not have"?

They don't need to say anything, as this is the normal state of affairs.

> 5) Is it *advisable* to use such a terminology in a copyright statement
> in a file licensed under the GPL?

No.

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