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| The GFDL, like the GPL, is not a contract; thus, the initial author of an article written under the GFDL is not bound by its terms. I can, therefore, revoke the license by giving notice to the licensee (Misplaced Pages, Wikimedia Commons, Wikimedia Foundation, etc.). Any language to the contrary in the GFDL is unenforceable. Therefore, until an intervening substantially-transformative edit occurs, all such submissions are subject to arbitrary revocation on mere notice to the publisher(s) by the original author, and upon revocation all publication must immediately cease. | |||
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| <!-- BEGIN WERDNABOT ARCHIVAL CODE --><!-- This page is automatically archived by Werdnabot-->{{User:Werdnabot/Archiver/Linkhere}} <!--This is an empty template, but transcluding it counts as a link, meaning Werdnabot is directed to this page - DO NOT SUBST IT --><!--Werdnabot-Archive Age-5 DoUnreplied-Yes Target-User talk:Malber/Archive/Archive_01--><!--END WERDNABOT ARCHIVAL CODE--> | |||
| <div id="title-override" class="topicon" style="float: left; position: absolute; left: 0; top: 0px; width: 100%; padding-top: 5px; display:none"><div style="background: {{#ifeq:{{PAGENAME}}|{{FULLPAGENAME}}|white|#F8FCFF}}; font-size: 200%; padding-top: 0.5em; padding-bottom: 0.1em; position:relative; left:0.5em; font-family: Papyrus; font-weight:none;">Malber, just Malber</div></div> | |||
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| Once a substantially-transformative edit occurs, copyright in the resulting work rests not with the original author but with the person doing the substantially-transformative edit, who is then obliged to relicense any further distribution under the terms of the license allowing the edit in the first place, and is prohibited from revoking that license by virtue of being the licensee on the original edit. Since such secondary licensees receive their licenses not from the original licensor, but from the licensee (whose rights have been terminated by the revocation), their licenses remain intact until they also receive actual notice of the revocation, and derivation licenses predicated on those licenses remain valid. It is probably possible for an original licensor to revoke these relicenses as well, but meeting the requirement for actual notice for termination is likely to be difficult. | |||
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| All of this flows from the fact that a license that is not a contract cannot impose an obligation upon the licensor. It is also established law that a license cannot be made irrevocable without consideration, and there is no consideration received by the licensor for licenses granted under the GFDL (or GPL). There is simply no way to prohibit the original licensor (author) from revoking their grant of license, which is why you have to allow for author's prerogative to delete. | |||
| Therefore, I, M. Alber, hereby rescind and revoke all Creative Commons and GFDL licenses on all works submitted to Wikimedia projects. I invoke my rights under copyright with regards to copying, modifying, and distribution and specificaly prohibit Wikimedia et al. from continuing to distribute any and all works created by me. Any administrator on any Wikimedia project interfering with my right to alter, amend, and revoke licenses on my works that have not been subject to a substantially-transformative edit is causing the Wikimedia Foundation to be a party to copyright infringement. Any alteration to the above revocation text is an illegal act of fraudulently altering a license notice. | |||
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| == Charles Manson == | |||
| "A war to arise from tension over racial relations between blacks and whites" and "a war to arise from racial tensions between blacks and whites" are not the same thing. | |||
Revision as of 21:03, 17 August 2007
The GFDL, like the GPL, is not a contract; thus, the initial author of an article written under the GFDL is not bound by its terms. I can, therefore, revoke the license by giving notice to the licensee (Misplaced Pages, Wikimedia Commons, Wikimedia Foundation, etc.). Any language to the contrary in the GFDL is unenforceable. Therefore, until an intervening substantially-transformative edit occurs, all such submissions are subject to arbitrary revocation on mere notice to the publisher(s) by the original author, and upon revocation all publication must immediately cease.
Once a substantially-transformative edit occurs, copyright in the resulting work rests not with the original author but with the person doing the substantially-transformative edit, who is then obliged to relicense any further distribution under the terms of the license allowing the edit in the first place, and is prohibited from revoking that license by virtue of being the licensee on the original edit. Since such secondary licensees receive their licenses not from the original licensor, but from the licensee (whose rights have been terminated by the revocation), their licenses remain intact until they also receive actual notice of the revocation, and derivation licenses predicated on those licenses remain valid. It is probably possible for an original licensor to revoke these relicenses as well, but meeting the requirement for actual notice for termination is likely to be difficult.
All of this flows from the fact that a license that is not a contract cannot impose an obligation upon the licensor. It is also established law that a license cannot be made irrevocable without consideration, and there is no consideration received by the licensor for licenses granted under the GFDL (or GPL). There is simply no way to prohibit the original licensor (author) from revoking their grant of license, which is why you have to allow for author's prerogative to delete.
Therefore, I, M. Alber, hereby rescind and revoke all Creative Commons and GFDL licenses on all works submitted to Wikimedia projects. I invoke my rights under copyright with regards to copying, modifying, and distribution and specificaly prohibit Wikimedia et al. from continuing to distribute any and all works created by me. Any administrator on any Wikimedia project interfering with my right to alter, amend, and revoke licenses on my works that have not been subject to a substantially-transformative edit is causing the Wikimedia Foundation to be a party to copyright infringement. Any alteration to the above revocation text is an illegal act of fraudulently altering a license notice.