Re: Dell vs. GPL

[Ricardo Galli <gallir@uib.es>]

On Sunday 29 June 2003 21:50, Jamie Lokier shaped the electrons to shout:
> Ricardo Galli wrote:
> > Indeed. Those people don't realise that their "copyright" law is
> > different to the almost the rest of the world.
> >
> > In most of Europe there in no "The Copyright", but "authors' or
> > moral rights" ("derechos de autor", "droit d'auteur") and
> > "exploitation rights" (or economic rights).
> >
> > Author/moral rights cannot be jeopardized.
>
> Except when the work is a computer program.  Check the law sometime!
>
> I recall there is a special exception for computer programs in either
> UK or EU law - I forget which, perhaps both.  This exception means
> that if I compose some music for a publisher, I cannot give up moral
> rights to the work - which means I always have a right to be credited
> as author or something like that, and nobody can take that away.
> However, if I compose a computer program for a publisher, my moral
> right to be credited _is_ taken away.
>
> This _only_ applies to computer programmers.  Bah!

IANAL, but I cant read:

http://europa.eu.int/scadplus/leg/en/lvb/l26027.htm

--------------
Council Directive 91/250/EEC of 14 May 1991 on the legal protection of 
computer programmes. 

3.1 Obligation on Member States to protect computer programmes, by copyright, 
as literary works within the meaning of the Berne Convention for the
Protection of Literary and Artistic Works.

...

3.3 In general, the author of a computer programme is the natural or legal 
person or group of natural persons who created it. Where collective works are 
recognized by the legislation of a Member State, the person considered by the 
legislation of that Member State to have created the work is deemed to be its 
author. In the case of a programme created by a group of natural persons, the 
exclusive rights are owned jointly. Where a computer programme is created by 
an employee in the execution of his duties or following the instructions 
given by his employer, the employer alone will be entitled to exercise all 
economic rights in the programme, unless otherwise provided for by contract.
^^^^^^^^^^^^^^^


Note that it only mentions "economic rights".


-- 
  ricardo galli       GPG id C8114D34