Re: [A bit rambling] Open source licensing being questioned by anti-copyright types

From:
=?ISO-8859-1?Q?Arne_Vajh=F8j?= <arne@vajhoej.dk>
Newsgroups:
comp.lang.java.programmer
Date:
Sun, 20 Jun 2010 22:40:12 -0400
Message-ID:
<4c1ed107$0$274$14726298@news.sunsite.dk>
On 31-05-2010 12:42, Bent C Dalager wrote:

On 2010-05-31, David Lamb<dalamb@cs.queensu.ca> wrote:

On 31/05/2010 5:55 AM, Bent C Dalager wrote:

I do not see that there is any way for an author to put his work into
the public domain. He might write "this work is in the public domain"
on the front page of course but it is not clear that this holds any
legal weight at all and indeed my own country says you still keep
certain inalienable copyright privileges over it.


What country is that?


Norway. The English (non-authoritative) version of the law is here:
http://www.regjeringen.no/upload/KKD/Medier/Acts%20and%20regulations/Aandsverkloven_engelsk_versjon_nov2008.pdf

in particular para 3:
(...)

"The author may not waive his rights under the first and second
paragraphs, unless the use of the work in question is limited in
nature and extent."

"(...) This right may not be waived by the author."

also para 38c:
(...)

"The right under the first paragraph can be neither waived not
transferred. (...)"

and para 39e:
(...)

"Any agreement that to the detriment of the author significantly
deviates from the provisions of the second, sixth and seventh
paragraph cannot be applied. The author may not waive his right
pursuant to the fifth paragraph."

(...)

There may be other examples, these are the ones I could easily find by
searching on "waive" in the document. Not all of the above may apply
to software, I didn't check. Some specifics of software are treated in
paras 39g,h,i.


FireFox and Thunderbird uses SQLite.

The authors of SQLite has released it as public domain.

If such a release is not valid in Norway, then all users
of FF and TB in Norway are breaking copyright.

I think a lot of IT people would be willing to testify about
"industry practice", "common sense", "the intention of the law"
etc. if that came to a trial.

Arne

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