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

Francesco Poli wrote:

> 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).

The important term in this case is not the word "derived" nor
the similar word "derivative", but the word *Transformation*.
See below for more...

> 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.

This is exactly what is translated to English (specifically to
17USC terms) as "derivative works". In Brazilian Portuguese
(Lei 9609/89 "Lei dos Direitos Autorais" = Author's Rights
Act, art. 5º, VIII, 'g') they are called "obras derivadas",
which are closer to the English version, and defined as "the
work that, while is a novel intellectual creation, results
from the transformation of the original work".

> 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...

In Rome, do as Romans do :-) when dicussing in Italian, use
the correct expression (elaborazioni di carattere creativo),
preferently mentioning often where it is defined in your
copyright law.

> IANAL, anyway.
IANAL TINLA for you too :-)

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