Re: [WASTE-dev-public] Do not package WASTE! UNAUTHORIZED SOFTWARE [Was: Re: Questions about waste licence and code.]
* Arnoud Engelfriet <arnoud@engelfriet.net> [050519 19:52]:
> Moral rights only allow you to act against mutilation of
> the work and lack of proper attribution. And you have the right
> to decide on _first_ publication. But once you publish, the
> work is on the market and your rights are exhausted. I don't see
> a basis for doing a recall.
INAL, but German law also has some revocation paragraphs:
The German copyright laws, called something line "author rights law"
Urheberrechtsgesetz (e.g. http://www.netlaw.de/gesetze/urhg.htm)
has paragraphs about revocation:
§41 Rückrufsrecht wegen Nichtausübung
which could be translated to "revocation right because of non-use",
which is quite uninteresting. It mainly allows to terminate rights
when you give exclusive rights and the person makes no use of it.
§42 Rückrufsrecht wegen gewandelter Überzeugung
This could be translated as "revocation right because of changed
opinion/belief".
For free software it is not very applicaple in my eyes, as the
law mandates in that case:
- the author has to compensate adaquately
- the revocation is not active before compensation is payed.
- the licensee has three months to name the amount of compensation
- if the work is to be used again, the former licensee has to
be offered equivalent rights under fair conditions.
So this seems to be mainly for things like pictures or other art the
artist wished he never made. Compensating every user, even if only the
costs for downloading are compensated, would be far to expensive.
Also note that as far as I was explained, the author is always the
person who made it. Author's rights are not refereable. The nearest
equivalent of copyright transference are exclusive licenses. And as
these "morale rights" are considered part of human rights, they are
not transferable and not bounding contracts about their use can be made.
Hochachtungsvoll,
Bernhard R. Link
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