Le mercredi 14 novembre 2007 à 08:30 -0800, Steve Langasek a écrit :
> For all I know he does have a legitimate claim under German law that cdrkit
> infringes his Urheberrecht, but cdrkit is not a German product per se.
The German law doesn't give Jörg Schilling more rights than any other
one, and I don't think there are some that could hurt cdrkit.
The author's rights differ from the copyright mostly by the existence of
moral rights, which are inalienable, imprescriptible and cannot be
transferred under any circumstances. (Note that I'm basing my reasoning
on French law, but TTBOMK there are very few differences with German IP
law.)
These moral rights are:
* The respect of the name of the author and his quality. Note that
the GPL also explicitly requires this for countries without such
legislation.
* The right to disclose - or not - the work.
* The right to withdraw the work, if you can indemnify all
distributors for the financial loss. In France, this right is
not applicable for software - except when the diffusion can
prejudice the author's honor or reputation.
The claims of Mr Schilling are exactly about this prejudice made to his
honor or reputation. Not only would he have a *very* hard time proving
this, as cdrkit clearly indicates it is a modified version, but it isn't
even clear he can do so without indemnifying all distributors (and maybe
users) for the loss.
Given the current number of cdrkit users, I think we could finally
obtain the required financial support to bring libburn to a good
state :)
--
.''`.
: :' : We are debian.org. Lower your prices, surrender your code.
`. `' We will add your hardware and software distinctiveness to
`- our own. Resistance is futile.
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