> Yep that is what I am thinking in less words, if a person can not license 
their own works as they see fit then what rights do they have.


It's not about licensing. You cannot, under German Law, deny authorship.
As I understand it (IANAL), the clause is a bit like a mandatory "BSD-
style" give-credit-to-the-author term.

It doesn't affect any of your rights regarding licensing - the work
as such is still transferrable in any way whatsoever, and the right
to publication or the right to exploit it (non)commercially isn't
necessary yours just because you wrote it.

But you always retain authorship, and the right/plight to state
that you wrote it originally. Yes, "plight". You can't deny that
you did it. You have to state it was you.

That's a reason, why, for example, german translations of books
written in foreign languages have to state both the original
author AND the translator. The translator has no rights in the
work other than being named - his/her work was requested by the
publisher, who paid for it and hence got all the "rights" to the
work - except that the publisher has no "right" not to name the
translator... except by not publishing the translation ...

These things (Is writing software akin to publishing/creating a
"work of art", or is it like manufacturing ?) are hotly debated
legally, of course. With no clear end in sight, as some benefit
more if software is treated as work of art (to get copyright
protection), while others would rather see it being treated as
a produce of manufacturing (to be able to claim patentability).

FrankH.

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