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

On Wed, 30 Apr 2003, Henning Makholm wrote:

> Scripsit Edmund GRIMLEY EVANS <edmundo@rano.org>
>    sub 2. The work must not be changed or made available to the public
>       in a way or in a context that violates the author's literary or
>       artistic reputation or character.
>    sub 3. The author cannot waive his rights according to this
>       section, except as regards uses that in limited circumstances or
>       quantities.
> None of these is any problem for free software.

sub 2 seems to be a large problem, as I read it.

> And I don't think that the author of a piece of software has any
> "literary or artistic reputation or character" connected with it.

You don't?  I think that artistic reputation is among the common reasons
for releasing free software.  It seems unlikely that Linus Torvalds's
reputation is completely unrelated to software he's written.

> Anyway, by voluntarily releasing his work under a free license, the
> author unmistakenly states that his literary or artistic reputation
> cannot be considered violated by any form of derived work.

Except he cannot actually grant this blanket permission under sub 3.  If
he decided he didn't want the Linux kernel used for a cruise missile, it
sounds like he would have a pretty strong claim (in this jurisdiction, at
Mark Rafn    dagon@dagon.net    <http://www.dagon.net/>  

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