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Re: [OT] Droit d'auteur vs. free software? (Was: query from Georg Greve of GNU about Debian's opinion of the FDL



Thomas Bushnell, BSG wrote:
> Arnoud Galactus Engelfriet <galactus@stack.nl> writes:
> > Note that the "distortion or mutilation" has to hurt the
> > honor or reputation of the author. Here in the Netherlands
> > this is the case if the owner of a house decides to put up
> > new blinds in a color the architect does not like.
> 
> Since people will know this wasn't the architect's design, how does it
> damage his honor or reputation?

People that pass by the house do not know whether the blinds
were the architect's design or not. They might remember that
the house was designed by him, and then conclude that he was
very stupid for putting those ugly blinds on the house. And
that thus harms his reputation.

It's extremely silly but that's the argument. Dutch lawyers may
want to look it up: Gerechtshof 's Hertogenbosch 24 feb 1993,
AMI 1994, 116. The court noted that demolishing the house would
not violate the architect's moral rights. This has been used
in some cases to force architects to accept certain changes.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/



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