[Fedora-legal-list] FPCA question about 4d waiver limitation

[Tom "spot" Callaway]

On 04/19/2010 04:51 PM, Bruno Wolff III wrote:
> On Mon, Apr 19, 2010 at 15:45:19 -0500,
>   Bruno Wolff III <bruno at wolff.to> wrote:
>> I am wondering why the promise to waive or not assert 4d is only for the
>> Fedora community?
>> ... "along with
>> a waiver of the right to enforce, and an agreement not to assert,
>> Section 4d of CC-BY-SA against the Fedora Community, to the fullest
>> extent permitted by applicable law."
>>
>> I would expect people downstream of Fedora to get the same rights as the
>> Fedora Community?
> 
> I see reading further that "Fedora Community" seems to include downstream.
> 
> Is there any burden of proof issue where you would need to show you got the
> contribution through Fedora and not by some other method?

Hypothetically, yes, but I would say practically no. It would really
only be possible if a Fedora contributor decided later to take an
identical contribution and intentionally re-release it under CC-BY-SA
with Section 4d asserted. Then, they'd have to somehow prove that you
(the recipient) got it from them under those other terms, and not the
Fedora terms. IMHO, that's a rather unlikely scenario, as most sane
people would think it would be difficult to prove that the material
wasn't acquired from Fedora (or from someone who got it from Fedora). If
you say you got it from Fedora, and it is available from Fedora, there
is no reason to believe that you didn't.

~spot

P.S. Disclaimer: IANAL, this is not legal advice. :)