Re: [OT] Droit d'auteur vs. free software?

[kaih@khms.westfalen.de (Kai Henningsen)]

neroden@twcny.rr.com (Nathanael Nerode)  wrote on 19.05.03 in <[🔎] 20030520015900.GA1309@doctormoo>:

> How different are things really on the Continent?  Is *everthing* codified?
> Perhaps it is; I believe the French (Napoleonic Code) system requires
> *every* ruling to be based on a specific article of the code.

Please note that Germany is neither "common law" nor Napoleonic Code. We  
have our own legal traditions. (Going back to Rome, in fact.)

In Germany, you can fail to obey specific law, or you can do something  
"sittenwidrig" (approx. "immoral", literally "against custom") - the  
latter is, I believe, only relevant in civil law. However, the supreme  
court sometimes finds stuff written in our constitution that you would  
have sworn wasn't actually in there ... both good and bad.

Really, Europe is much more diverse legally than people seem to think.

MfG Kai