Jon "maddog" Hall wrote:

> Perhaps a German knowledgeable about this could take a couple of minutes to
> explain this intricacy.

One important difference between US-style “copyright” and German-style 
“creator's right” (literally, “Urheberrecht”) is that German law doesn't let 
you transfer your copyright in a work to others other than by bequeathing it 
to your heirs. What you *can* do is give third parties the right to exploit 
your copyright in various ways, but the copyright itself remains yours for the 
rest of your life. (There are special rules governing works created under the 
auspices of one's paid employment.)

This means, for example, that in Germany, a creator cannot voluntarily 
renounce all rights to their work in order to contribute it to the “public 
domain”, other than by dying and waiting 70 years, at which point it enters 
the public domain automatically. It also means that as a software author I 
can't “assign the copyright” for my code to the FSF so the FSF owns it 
outright and can do with it what it wants. I can, however, give the FSF fairly 
far-reaching rights to *exploit* the copyright on my code on my behalf. AFAIK 
the FSF's “copyright assignment” contracts take this into account. I have 
never dealt with the FSF so I can't say for sure.

The GNU licenses work in Germany because they do not attempt to transfer 
copyright to the licensee. Instead they list a number of actions that would 
otherwise (by law) be the copyright holder's prerogative, and detail under 
which conditions the copyright holder lets the licensee perform these actions 
(“exploiting” the copyright as it were). German copyright law has no problem 
with that sort of thing. Also, as the copyright holder, I am free to decide 
who gets to “exploit” my copyright and under which circumstances, so multiple 
simultaneous licenses aren't a problem in Germany, either.

Anselm (not a lawyer)
-- 
Anselm Lingnau · [email protected] · https://www.tuxcademy.org
Freie Schulungsmaterialien für Linux und Open-Source-Software
Free Training Materials for Linux and Open-Source Software


_______________________________________________
lpi-examdev mailing list
[email protected]
https://list.lpi.org/mailman/listinfo/lpi-examdev

Reply via email to