GPL and Author law

Arnoud Galactus Engelfriet galactus at stack.nl
Mon Jun 24 13:42:27 UTC 2002


Loic Dachary wrote:
> Arnoud Galactus Engelfriet writes:
>  > The GPL is based on US copyright, and so (like US copyright law)
>  > pretty much ignores moral rights and the Berne Convention except
>  > where convenient. 
> 
> 	The GNU GPL was written with the Berne convention in mind.

Well, the GPL uses for example the notion of "derivative work", 
which is something that the Berne Convention does not recognize.
Article 12 of the Berne Convention only speaks of "adaptations,
arrangements and other alterations of their works."

> Focusing on US law only would have defeated its international
> applicability.  It does not talk about moral rights because there is
> no need to.

This I agree with. 

Regards,

Arnoud

-- 
Arnoud Engelfriet, (almost) Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies:  http://www.iusmentis.com/



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