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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