Re: Public Domain for Germans
* firstname.lastname@example.org <email@example.com> [081104 21:09]:
> >but I fail to see what a
> >"I hereby place this work in the public domain."
> >fails to do.
> In Germany there is no possibility to waive copyright.
You can give licenses. You cannot give up authorship. There is no
direkt translation of "the copyright of a work" that includes all the
aspects (as it is with most terms, not limited to legal ones. But I was
also told by lawyers that there is also no full translation of contract
either, as Vertrag is much less).
So, given that it is an English text which already makes it either void
or necessary to translate it, does anyone have any hint of any kind of
anything that could make the above sentence of
"I hereby place this work in the public domain."
could cause any German judge to be interpreted in any way but that you
want to grant an non-exclusive license of everything possible to everyone?
> You neither can give it to somebody other nor to the public.
You can give the right to copy to someone else. Works can get
gemeinfrei. Everything wanted is possible in a simular way.
> So this attention is possibly void, and it's unsure, what a random German court
> would decide.
I cannot imagine a court to claim that an action someone did willfully
is void because they used the wrong magic words.
(I may imagine a judge do so because someone did not know what they say
because it was English, but if people are able to make grants they did
void by using the wrong words, then lawyers would start using the wrong
words like people cross their fingers behind their back).
Bernhard R. Link
"Never contain programs so few bugs, as when no debugging tools are available!"