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Re: Choosing a License: GNU APL? AFL 3.0?

Ben Finney wrote:
> "Sean B. Palmer" <sean@miscoranda.com> writes:
> > Okay. So is the preservation of copyright notices already explicit
> > in copyright law?
> I don't know. My current understanding is "yes" to a first
> approximation. It would take actual lawyers to provide a more
> trustworthy answer on this one; and it's very likely the answer
> involves "it depends".

Ok, you're a lawyer now. :)

Art. 6bis of Berne provides the right of the author to claim
authorship of the work. It seems reasonable to consider a copyright
notice as a claim of authorship (in the normal case, where 
author == copyright holder). This "claim" includes the right to
be mentioned as the author. If the author has exercised this
right, removing the notice from the work violates this right.

Under US law, art. 6bis Berne does not apply (even though it should)
to authors of computer programs. 


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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