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Date:      Tue, 09 Feb 2010 15:30:37 +0100
From:      =?utf-8?Q?Dag-Erling_Sm=C3=B8rgrav?= <des@des.no>
To:        ticso@cicely.de
Cc:        freebsd-hackers@freebsd.org, "Julian H. Stacey" <jhs@berklix.com>, mail25@bzerk.org
Subject:   Re: our little daemon abused as symbol of the evil
Message-ID:  <866366jxbm.fsf@ds4.des.no>
In-Reply-To: <20100209135713.GI81255@cicely7.cicely.de> (Bernd Walter's message of "Tue, 9 Feb 2010 14:57:13 %2B0100")
References:  <201002082216.o18MFtQN009973@fire.js.berklix.net> <86eikuk317.fsf@ds4.des.no> <20100209135713.GI81255@cicely7.cicely.de>

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Bernd Walter <ticso@cicely7.cicely.de> writes:
> There is no copyright in Germany.

Yes, there is.  Germany is signatory to the Berne convention.

> I'm not a lawyer, but there are many differences to copyright and I
> think the main one is that the German system automatically protects
> without the need to explicitly declare copyright.

So does copyright.

> E.g. there is not need to add copyright lines in sourcecode to prohibit
> others to republish your code in Germany.

It is not necessary anywhere in the world.  It is still a good idea,
just like it's a good idea to mark your laptop with indelible ink, even
though stealing it is just as illegal if you don't.

> Another difference (to my knowledge) is that the author never looses his
> right (though there are a few rules about age and inheritage) - no
> matter how much it is spread.

The same goes for copyright (author's lifetime + 70 years)

> The author can't even sell it, all he can do is sell the right to use it.

I'm pretty sure there are provisions for "work for hire".

> You can easily loose copyright and trademarks if you don't care about
> it, but you don't loose your author rights.

You can *not* lose copyright through dilution, only trademarks.

At worst, you might lose an infringement suit if the defendant can show
that you knew about *that particular case* long before you filed suit,
but it would not invalidate your copyright, nor would it diminish your
standing in other suits against other infringers.

DES
--=20
Dag-Erling Sm=C3=B8rgrav - des@des.no



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