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

 --- Arnoud Galactus Engelfriet <galactus@stack.nl> から
> Stephane Bortzmeyer wrote:
> > As I already explained several days ago, the right
> to prevent
> > modifications does NOT exist for SOFTWARE.
> Author's rights on SOFTWARE
> > are quite limited, even in Europe. 
> Moral rights are excluded for software? Can you
> please give
> me a citation for that? As far as I can tell, the
> Berne
> Convention nor any of the WIPO treaties say anything
> like this.

Generally it varies pretty widely among jurisdictions, but
I don't recal commentary on Berne or WIPO.  Obviously it
can be excluded from protection by Berne if signatories
implement it domestically.

I am looking for some cross sections I'd done of treatment
of software in various jurisdictions.  In the meantime
Sterling and Stromholm are pretty standard international
copyright references, and here's some cites below for UK,
Japan, Germany.  I seem to recal Canada was an interesting

 See J.A.L. Sterling, LL.B., World Copyright Law,
Protection of Author's Works, Performances, Phonographs,
Films Video, Broadcasts, and Published Editions in
National, International and Regional Law 308, 322-27
(1998) (surveying the rights of adaptation and
distribution in the economic rights context from national
and international legislative and case law sources); see
also Stig Stromholm, Copyright Comparison of Laws 16-18
(1990) (presenting the national treatment of adaptations
and pointing out that although underlying principles of
the domestic laws would support protection of adaptations
most specifically enumerate adaptations or "derivative
works" as protected works).

See Sterling at 288 (describing Germany's general
treatment and lack of restrictions of applying moral
rights to software).

  See id. at 289 (noting the United Kingdom's lack of any
moral rights protections for software).

  See id. at 291 (describing France and Japan's treatment
of moral rights for software by limiting the application
of the right of integrity by prohibiting invoking the
rights against changes by users for compatibility).

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

James Miller

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