CC licenses and "moral rights"
Peter Brink
peter.brink at brinkdata.se
Fri Mar 25 06:41:17 EST 2005
Rob Myers skrev:
> This is a community discussion. Everyone on there?
>
> On 24 Mar 2005, at 22:47, Peter Brink wrote:
>
>> When two people agree upon something that agreement is a legally
>> speaking a contract. No open source license is anything else but a
>> contract.
>
>
> American law disagrees with you:
[snip ...]
> Other jurisdictions may well differ.
They do... AFAIK in most of Europe Open Source/Content licenses are
contracts and are therefore governed by contract law.
>> the fact that there is room for creativity when writing source code
>> doesn't mean that such possibilities are used. Functions, procedures
>> and methods run a real risk of not being copyrightable, simply because
>> they do tend to contain expressions which are purely functional.
>
>
> Code (program listings) is a form of writing, that is what makes it
> copyrightable.
>
Written expressions that are purely functional are still not copyrightable.
/Peter Brink
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