our little daemon abused as symbol of the evil

[Bernd Walter]

On Tue, Feb 09, 2010 at 03:30:37PM +0100, Dag-Erling Smørgrav wrote:
> Bernd Walter <ticso at cicely7.cicely.de> writes:
> > There is no copyright in Germany.
> 
> Yes, there is.  Germany is signatory to the Berne convention.

Ah - I was misslead by a lawyer, but I think he wasn't refering to
copyright as such, but was just making clear about the old US copyright,
which is still in the head of many people.
Thanks for clearification.

> > 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
> -- 
> Dag-Erling Smørgrav - des at des.no
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-- 
B.Walter <bernd at bwct.de> http://www.bwct.de
Modbus/TCP Ethernet I/O Baugruppen, ARM basierte FreeBSD Rechner uvm.