Comment by fluoridation
2 hours ago
There's already an RPL, incidentally: https://en.wikipedia.org/wiki/Reciprocal_Public_License
Your RPL wouldn't be enforceable. Copyright doesn't deal with abstract ideas passing through people's minds. Even the GPL is kind of in a gray area because the virality feature and its definition of "derivative work" have never been tested in court, to my knowledge. Maybe under contract law, no idea. If nothing else, I'd love to hear a verdict.
Well it was a joke and is obviously quite silly but I believe it would be enforceable to the extent that the licensor could terminate the agreement and sue for damages. If I can agree to pay you not to talk about something (ie an NDA) or not to work in a field (ie a non-compete clause) then why can't I pay you to be required to publish all future work you do in a given area? ("All future work" might well be overly broad; you'd likely have to restrict it to only a few years but I'm no lawyer.)
I don't believe the GPL is in a grey area. When you license a work all sorts of strings are commonly attached. Rather IIUC no one has gone out of the way to test the GPL largely because it is clearly within bounds, plus any violation has the potential to be a PR disaster since violations are quite literally examples of looting the commons.
>terminate the agreement
Meaning what? Claw back the ideas from people's minds? You can terminate the agreement in the sense that you revoke access to the paper, but presumably the person you find in breach has already used the research for something that you find them in breach for. You're kind of closing the gate after the horse has bolted.
>sue for damages
I honestly have no idea what damages you could claim from not publishing research. I think you would need to set a value ahead of time on the agreement.
>If I can agree to pay you not to talk about something (ie an NDA) or not to work in a field (ie a non-compete clause) then why can't I pay you to be required to publish all future work you do in a given area?
Not sure why you added the word "pay" to your clauses, but anyway. The reason is that the existing contracts have well-defined boundaries. An NDA stops you from divulging a very specific set of information. A non-compete clause stops you from working in a very specific field. Your proposal has an undefined reach. What counts as research? What counts as "related"? It would seem that if I agree to such a contract, my entire life, both private and professional, after reading the paper is covered by the contract, and anything I do might come under scrutiny. There's never a point when I can go off-duty. "What's that? You read my paper on compression and were working on a side-project that uses compression? Gonna have to see some publication on it."
>Rather IIUC no one has gone out of the way to test the GPL largely because it is clearly within bounds
No, it's because the status quo is convenient and no one wants to be the first guinea pig. It's definitely not obvious that the terms are legally valid, but it's ambiguous enough that people don't want to test it.
> Meaning what? Claw back the ideas ...
If something is so obviously wrong then perhaps take a minute to consider that your interpretation isn't what the other party intended?
If I pay you not to do something and then you breach the contract I can terminate the agreement and seek damages. Ditto if I pay you to repeatedly do something and then at some point you fail to do it. So if I pay you a recurring fee to publish all your research on a given topic and then you fail to make good on that I can seek damages, right? Now what if I paid you a lump sum up front? Now what if I licensed a patent to you in place of that lump sum? What if instead of a patent it was the right to make use of a piece of software?
> I honestly have no idea what damages you could claim from not publishing research.
Aside from whatever was stipulated for breach of contract I expect it would be extremely situational. I agree that you'd probably want to stipulate a penalty ahead of time. The original idea was a two sentence joke after all ...
> Not sure why you added the word "pay" to your clauses
Because contracts involve consideration and payment is easy to understand and reason about. FOSS software licenses obviously substitute "right to use the code" for "payment".
> A non-compete clause stops you from working in a very specific field. Your proposal has an undefined reach. What counts as research? What counts as "related"? It would seem that if I agree to such a contract, my entire life, both private and professional, after reading the paper is covered by the contract, and anything I do might come under scrutiny.
This is incredibly contrived. You could ask the equivalent about a non-compete. The reach is whatever is defined in the contract that both parties agreed to. If the contract stipulates something overly broad then possibly a judge would invalidate it. This is business 101.
> It's definitely not obvious that the terms are legally valid, but it's ambiguous enough that people don't want to test it.
An assertion entirely without evidence from my perspective. I'm going to assume that all the lawyers who have sure left me with the impression that it would be a bad idea to violate it know what they're talking about.
I tend to agree.
To paraphrase your last paragraph, an idea that hasn’t been tested is either perfect, or just bad enough that no one wants to test it, as, as you say, testing it is would be at least somewhat inconvenient.
Chances are nothing is perfect.