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Re: The legality of wodim



Steve Langasek wrote:
> This description isn't sufficient for me to understand when this right would
> be infringed.  I mean, to me the name of Joerg Schilling carries the
> connotation of "loudmouthed pompous hack who believes his code is perfect in
> defiance of reality", and the quality I associate with it is "poor, because
> he doesn't care about fixing bugs for real users".  Does that mean that
> cdrkit could infringe his moral rights because it would cause his name to be
> associated with some code that was better than cdrtools?  Who decides what
> constitutes a lack of respect for the "name of the author"?

A court, of course. For that kind of statement the criterion is
comparable to but a little softer than libel or slander. It's not
exactly the same though. We've had a case here where the author of
an illustrated children's book ("Miffy") successfully sued people
that used the rabbit in violent or adult situations. That's hardly
slander towards the original author, but since it harmed the
innocent image of Miffy and thereby also its author, it was a 
violation of moral rights.

For software, one way to get there would be to create a very buggy 
version of cdrtools and pretend it was all Joerg's original work.

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/



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