algorithm copyright? what's that?

[Nicolas Limare <nicolas@limare.net>]

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Hi.

I have questions about the licence of a software collection I am trying
to package. Here is a copy of this licence, al real names removed to
avoid unwanted googling.

====================================================================

		FOOBAR PUBLIC LICENCE

      Terms and conditions for using, copying, distribution and
      modification of FooBar versions 2.x and 3.x.

      You acknowledge to be informed about the following facts, and
      you accept the consequences:

      	  - FooBar is a "soft-publication" for the scientific
            community, intented to offer reproducible research in
            image processing.
          - FooBar is maintained by the image department of the
            XYZ, a public French laboratory associated to the CNRS
            0123 unit.
          - The image department is founded by the XYZ only, using
            public funds and private grants for software development.
          - FooBar has been implemented for research purposes only;
            it comes therefore without any warranty.
          - The FooBar compiler and the system libraries are known
            to run on some computer models and operating systems only.
          - The XYZ may not maintain this software in the future.
          - The XYZ can not help any user to install nor to use the
            software.
          - The XYZ may not publish all of the code contained in the
            various versions of FooBar.
          - For transparency, the published code contains the source
            of the mathematical algorithms developed at the XYZ. You
           are allowed to copy, modify and redistribute these programs.

      The XYZ claims to impose on the diffusion and on the use of its
      software the same rules than the well-known rules which apply to
      paper publication.

      You agree to:

      	  - inform without delay the XYZ about any contract between
            yourself or your department and any private or public
            organization, in the case where its execution uses an
            algorithm (modified or not) included in FooBar.
            You will inform this organization about the origin of
            these algorithm by writing in the contract the use of the
            FooBar software.
	  - make mention in all products (as computer programs or
      	    scientific papers) which take advantage of an algorithm
            included in FooBar (modified or not), of the use of
            this software together with the name(s) of the author(s)
            written in the header of the corresponding module and with
            the address of the XYZ and of other laboratories implied
	    in the development, if any.

      Address:

           FooBar, XYZ,
	   Somewhere, France.

      E-mail:

           foobar@xyz.server.fr

      Last version available at:

      	   http://www.xyz.server.fr/Xyz/FooBar

=========================================================================

Clearly, the licence is not DFSG-free, because of the 2nd part, 2nd
item, "inform without delay the XYZ about any contract between yourself"
(outcast testcase).

But, I wonder if this licence has any legal value. It requires me to
inform and mention the authors if I use the *algorithms* used by this
software. Is it a kind of "algorithm copyright"? I guess no such
copyright can possibly exist. If I'm right, then this licence is void,
then the copyright falls back to the standard Berne copyright
convention, which means non-free, no distribution, and so on.

Could someone confirm or correct my assumptions?

Thanks

- --
Nicolas LIMARE
smtp:nicolas@limare.net                            pgp:0xFA423F4F
xmpp:nicolas@im.limare.net              http://nicolas.limare.net
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