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597

answers:

8

I was trying to make some code I wrote be published under LGPL. I included the appropriate header in each file, but StyleCop told me to include a copyright notice also. But I think that "Copyright. All rights reserved." is not intended to free software. Should I remove it?

+9  A: 

Of course it would. All products are owned by someone - OSS stuff just happens to make source available as well as allowing free use amongst other things.

mP
Man, I don't understand why those downvotes. If people disagree they should explain why.
Jader Dias
Why is this getting downvoted? He's right.
Breton
It's not right. Things in the public domain are not owned by anyone in particular. (I'm not the downvote, though.)
Chuck
The LGPL is *NOT* the public domain though. Things licensed under the LGPL are still owned by a person or entity. The LGPL is a limited license.
Breton
Chuck is just responding to the Answer statement "All products are owned by someone", not the Question, which is about LGPL.
xan
Ah, I get it. Well it's slightly off mark I guess, but the gist is true, and it still doesn't explain why I got downvoted.
Breton
mP: Downvote because your answer is not correct. Public domain books, software, music etc are NOT owned by anyone. See http://en.wikipedia.org/wiki/Public_domain Licensed works are owned by someone (or something, eg a corporation), and are then made available under the terms of the license. Software that is covered by an Open Source license is owned by the copyright holder who has made an explicit decision on a license. Note that a copyright holder can offer multiple licenses for the same work, with different terms and conditions.
Larry K
@Larry - get a life.
mP
+32  A: 

It's why it's called an open source license. Someone still owns the copyright, and that owner is licensing the source code for use under the terms of the license, granting certain limited rights. This is my understanding of the situation anyway.

edit: To be clear to the downvoters, the original author is not releasing his source code into the public domain, he's using the LGPL, there's a huge difference. If he were releasing into the public domain, he would be revoking his copyrights. In a COPYLEFT license, the owner retains copyright, and releases it under a very liberal license that requires all future users to release the source code to publically available modifications. This is a clever subversion of the law, but it means the owner must retain ownership for it to work. Otherwise there's nobody who can sue any violators.

edit: "I'm not a down-voter, but your answer would be more useful if you could explain the need for "All rights reserved.""

read as "All rights reserved, except those expressly granted under the license below, and under the conditions stipulated in the license below" or alternatively "This is not being released into the public domain". Either of those is easier to understand for a layperson, but it's not stated like that, because it would lead to a legal "bug". "All rights reserved" doesn't mean that you're denying other people rights, just that you're not waiving your own rights.

edit one more note: Strictly speaking "Copyright (author), all rights reserved" is not needed, because it's implied, by default, within the act of any authorship within the united states. But as the programmer saying goes: Explicit is better than Implicit. Especially considering that quite a lot of people don't know that fact, and it makes it easier to find the original author down the road, if there's a "signature" of some kind.

Edit: Oh by the way, I am not a lawyer, and this is not legal advice.

Breton
Hello? again, why the downvotes?
Breton
I'm not a down-voter, but your answer would be more useful if you could explain the need for "All rights reserved."
xan
I think many SO folks' understanding of legal issues is on par with most lawyers' understanding of how to write software. Breton is correct, software licensed by LGPL, GPL, Berkeley, MIT and all other licences is NOT in the public domain and *should* have proper copyright notices, including primary author's name. (Or company name if it holds the copyright.)
Larry K
"All rights reserved" used to be part of the pro forma copyright statement to assert copyright. Not needed any longer according to http://en.wikipedia.org/wiki/All_rights_reserved
Larry K
An important side note: many jurisdictions DO NOT allow the revocation of copyright. It can be assigned, but not necessarily assigned to the public domain.
Rich
At least one of the IP lawyers at IBM told me that "All rights reserved" is now voodoo lawyering - not necessary any more, though it was once needed in the USA (but not elsewhere).
Jonathan Leffler
+6  A: 

Jeff Atwood once wrote an interesting blog post about licensing, its worth a read it would put a lot of what has been discussed here in context.

http://www.codinghorror.com/blog/archives/000833.html

Tim Jarvis
+2  A: 

You retain your copyright on your work, but you are licensing it with specific rights, so I am not sure the all rights reserved part is correct. The guidelines for licensing with FSF licences is here

FCo
A: 

i completely agree with the majority of others because even open source software has to be owned by a person, group of people or company otherwise no one would have created it in the first place. The creator(s) have their intellectual rights and even though they release it as open source, the LGPL, GPL etc licenses are saying, "i made this, i have the rights to it but i am extending those rights to you if you wish to modify the source code" as for the all rights reserved bit, bascially if person a created it and person b modified a part of the code to improve it or whatever, both person a and person b have their rights on the code that they made.

Marc Towler
why the downvote? If you are going to downvote, you could at least have the decency to say why so i know where in my answer i went wrong in your eyes
Marc Towler
don't reference other answers by it's position, because it changes.
Jader Dias
thanks for editing the question. the majority also changes but it is much less likely. btw I don't understand the downvotes neither.
Jader Dias
i think it has with "has to be owned". other guy made the same statement here and the reply was "public domain software isn't owned by nobody". So "open source" is different from "public domain"
Jader Dias
i think the spade of downvotes is more likely to do with casual users who come across an answer that mightn't be "the best" (but isnt entirely wrong) - to those people, downvoting is a sign of "the answer is not good enough" instead of the proper "the answer is wrong"
Chii
+3  A: 

LGPL and GPL (and for that matter just about any opensource license) works very closely in concert with the Copyright laws. You should read the GPL/LGPS licenses. Someone will always own the copyright, unless it's released to the Public Domain, so licenses have to acknowledge and care(greatly infact) about copyrights.

Downvoters: explain yourselves!
Breton
I don't understand why the facts of copyright and licensing are so controversial. This post is completely accurate.
Adam Lassek
Addendum: in fact, free licenses are preffered because not all countries acknowledge the public domain.
Adam Lassek
+3  A: 

LGPL is a copyright license. "All rights reserved" is a copyright license (edit: and an obsolete one, according to Wikipedia's article on it). If you reserve "all rights," then you are, by definition, not using the LGPL.

So the answer to your question is this: StyleCop is wrong. You should not include "All rights reserved."

StyleCopy is more than wrong, it is out of its silicon mind. Why should you reserve all rights if you want to use LGPL?

By the way, two things you may wish to consider:

  1. You should read the LGPL web page at http://www.gnu.org/licenses/lgpl.html. Specifically, FSF doesn't want you to use LGPL --- they want you to use GPL.
  2. To avoid a lot of copyright problems, FSF asks that people transfer copyright to FSF for GNU projects. Most people don't do this, and that creates a copyright nightmare when trying to compose large software projects that have a zillion different copyright statements in them.

I strongly recommend that you do not follow StyleCop.

vy32
I would argue that you are wrong. "All rights reserved" doesn't mean that you're refusing to grant others rights, just that you're not waiving your own right to use and modify the work.
Breton
I respectfully disagree, and recommend that you read the Wikipedia article on the subject (http://en.wikipedia.org/wiki/All_rights_reserved), which is quite accurate.
vy32
I did, that's what prompted me to comment on your answer in the first place. I've just reread it to be sure, and you are either wrong in your interpretation of the article, or there isn't enough information in the wikipedia article to settle this disagreement. That said, I will state again that the copyright owner reserving for their own use, all rights granted by the law, does not preclude that copyright holder from *licensing* their intellectual property under some kind of contract, thus granting limited non exclusive rights to a second party. (A user or distributor). Orthogonal.
Breton
At least, that is my judgement based on my understanding of the law, the english language, and a careful application of logic.
Breton
+1  A: 

Even though you Open Source license your code, it will still be the copyright of someone. The only alternative is if you submit it to the Public Domain - which I only know about one prestige project that have ever done - Anthem.NET.

Now the reasons are often first of all that you may want to add a disclaimer, and if you want to add a disclaimer like for instance "I am not responsible for bugs" and such, then unless you hold the copyright and have others use it due to a license instead of just "Public Domain" then such a disclaimer carries no weight.

Another reason is that you may want to force people to kick back contributions in the forms of LGPL or GPL, which also is impossible unless people are using it according to a "license".

So yes, it is highly usual to add a "copyright(c) John Doe" in your code files, even though the project is Open Source. And in fact the concept of copyleft which FSF talks highly about is in fact impossible without someone actually having the copyright for the code...

Thomas Hansen