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Re: Gentoo Linux copyright / CDDL question


From: Drazen Kacar
Subject: Re: Gentoo Linux copyright / CDDL question
Date: Fri, 20 Oct 2006 15:06:11 +0000 (UTC)
User-agent: slrn/0.9.8.1pl1 (Debian)

Alexander Terekhov wrote:
> 
>  Drazen Kacar wrote:
>  [...]
> > Irish copyright law gives such moral rights to individuals, the said 
> > rights are not transferable and there's no way to give them up, as 
> > far as Irish law is concerned.
> 
>  http://www.icla.ie/index.php?information
> 
>  "Moral rights may be waived, but a waiver must be in writing."

I misremembered. I tried to think of the copyright law which is
available in English, so the interested parties could check, but I
didn't check myself. I appologize for the confusion.

>  Ireland aside for a moment, see also 
> 
>  http://www.law.harvard.edu/students/orgs/ilj/rigamonti.pdf

Interesting document. Thaks for pointing that out.

>  If there is a general set of rules that has emerged from the case law in
>  France and Germany, it is
>       (i) that authors cannot legally relinquish or abandon the rights of
>           attribution and integrity altogether,
>      (ii) that advance blanket waivers are unenforceable, and
>     (iii) that narrowly tailored waivers that involve reasonably
>           foreseeable encroachments on the author's moral rights are
>           generally valid.

I don't know what is "narrowly tailored waiver" supposed to look like.
But I suppose that's from the court practice, not from the copyright
law.

And yes, copyright laws in Europe vary in details, even when the general
principles are the same. They are also updated from time to time.

-- 
 .-.   .-.    Yes, I am an agent of Satan, but my duties are largely
(_  \ /  _)   ceremonial.
     |
     |        dave@fly.srk.fer.hr


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