Re: Reusing GPL code without applying GPL legal in Europe?
Hi!
Arnoud Engelfriet napisał(a):
> Does Polish copyright law not have a restriction that the _purpose_
> of the quote must be something like criticism, announcement, debate
> and so on? That's what most countries have.
Yes it does - they are in the same art. 29: "to the extent justified by
explanation, critical analysis or teaching or by the laws of the
creative genre concerned." In the article I analyzed the last item that
I refer to as "the laws of the art".
> If you make a valid quote, the license (if any) of the work is
> completely irrelevant.
Actually, there is jurisprudence in Poland that parties to a contract
may limit or precise what they consider to be fair use of work. If this
is really the case, then the GPL could affect the evaluation of a
licensee's quotations. And yes, I know that the GPL is a license not a
contract but this is not so very much certain under Polish law.
> So when you say that the GPL
>> would permit quoting to a great extent; however, under condition of
>> observing the ???copyleft??? clause.
> that does not make much sense. If you may quote, the license is
> irrelevant. You did not put an explicit license your message to
> this list, yet I can quote the above because I need to respond
> to your argument.
Actually I agree with you and perhaps I should rethink this part of the
article. Perhaps by reference to the jurisprudence on limiting fair use
by parties to a contract. Still, jurisprudence is not a source of law,
neither is case law in Poland - formally it's only the act and in
particular it's art. 29.
But I don't think that we have to resolve the above here. The point I
was trying to make is that even if you could quote whatever portions of
free code as fair use it would still be hard to release the resulting
programs as proprietary under quotation right. This is because in order
to do so, the portions would have to be translated to object code and to
do it without a license in Poland is only possible (1) unless otherwise
specified in a contract (art. 75) or (2) for purposes of interoperability.
Perhaps I was not too specific about this point before. What I would
like to know is how the above findings may hold in German context.
Krzysiek
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