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Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.



On Mon, 11 Apr 2005 01:47:19 +0100 Henning Makholm wrote:

> (I wonder what happens in jurisdications whose copyright law is not
> phrased in terms of "derived" - or that have several native words
> which are given different explicit meaning by the local law but would
> all need to be represented as a form of "derive" in English).

In jurisdictions such as the Italian one, for instance?

In Italian author's right law ("legge sul diritto d'autore"), there is
no use of or definition for the term "derivative work", AFAICS.

The law speaks about collective works ("opere collettive") and creative
elaborations of the work ("elaborazioni di carattere creativo
dell'opera").
The former term refers to works that result from joining other works or
parts of works in a creative way (by means of choice and coordination
for a specific goal).
The latter refers to substancial transformations and modifications (of a
work) that have creative character.


Here in Italy, AFAIK, only those free software enthusiasts that are
interested in legal aspects speak about derivative works (translating it
as "opere derivate").
They do so just because they are exposed to common-law-centric legalese
(the one used in licenses, above all) and they rightfully choose a
simple short term instead of the many long phrases Italian law is full
of...


IANAL, anyway.

-- 
    :-(   This Universe is buggy! Where's the Creator's BTS?   ;-)
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