Re: Reusing GPL code without applying GPL legal in Europe?

[Michael Below <below@judiz.de>]

Sebastian Wangnick schrieb:
> 	So the "Recht auf das wissenschaftliche Kleinzitat" allows a European author
> 	to "quote" small portions of e.g. GPL code without asking the author for
> 	permissions. The European "Urheberrecht" on the other side forbids a minor
> 	contributor to govern the license for the project that makes use of the
> 	"Recht auf das wissenschaftliche Kleinzitat".
>
> I'm not sure whether his conclusion is complete. According to http://www.sakowski.de/skripte/urheber2.html, citing is not allowed to replace (only to illustrate or backup) own statements of the author. I would therefore presume that whilst "quoting" GPL code, e.g., in a comment, to illustrate ones own approach might be OK, using GPL code as a mandatory element in the software would not be OK. But I am not a lawyer ...
>   

You are essentially right: In german Urheberrecht, § 51 UrhG allows for 
citing works as far as necessary for the purpose of the citation. 
Replacing own work isn't among the legal purposes for a citation. See 
Wandtke/Bullinger, UrhG, § 51 Rn. 2.

But you should consider too that trivial works are not protectable in 
german law. A program needs to  express some kind of choice between 
different approaches to a problem, instead of simply following technical 
necessities. See Wandtke/Bullinger, § 69a Rn. 34/35. As far as I 
understand part of the argument with Mr. Schily is about Makefiles, 
these might be trivial (I'm no programmer).


Michael Below

--
Michael Below
Rechtsanwalt
www.judiz.de