*BSD News Article 88493


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From: mouth@ibm.net (Mouth of the South)
Newsgroups: comp.os.linux.misc,comp.os.linux.networking,comp.os.linux.advocacy,comp.unix.bsd.misc,comp.os.ms-windows.nt.advocacy,comp.os.os2.advocacy
Subject: Re: GPL
Date: Mon, 03 Feb 1997 18:18:35 -0500
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In article <5d2jpo$bb1@omega.gmd.de>, Holger Veit <veit@gmd.de> wrote:

>a trial in court to check the validity of GPL. BTW: in Germany, there does
>not exist such a legal construct of a "software license" (you can buy or
>lease software, but not "license" it - this is a typical American legal
>thing), so general, international copyright rules apply here

And international copyright law is much the same from one developed country
to another, including the US.

>approximately say: this company has used non-patentable algorithms from
>public sources, and modified them, which is their own intellectual property,

Code covered by GPL is neither public domain nor "public sources."  It is
COPYRIGHTED and ownership belongs to the copyright holder who copyrighted
it under local copyright law, which is turn is recognized by the copyright
laws of other countries.  Under the terms of the GPL, the holder of the
copyright authorizes or "licenses" others to use the software, but only if
they are agreeable to the terms of the "license."  If they do not agree,
or if local law does not permit them to agree, the right to copy and create
derivative works which of course can only belong to the original copyright
holder, unless otherwise agreed in writing, remains in full force and is
in no way diminished.

So whether German law permits software "licenses" or not, no company in
Germany can create derivative works from copyrighted code, which in our
case happens to be "recopyable" under terms of the GPL, and then assert
that the derivative work has become their "intellectual property" by
virtue of the changes they made.  That is the very core of copyright of
copyright law.  In fact that's why it's called "copyright," because it
simply means who has the "right to copy."

If it was as you suggest where anyone could make and resell derivative
works without permission of the original copyright holder, then copyright
protection would be utterly useless.  We can be confident that the German
publishing industry and legal establishment would never tolerate such a
state of affairs.