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From Tor-Einar Jarnbjo <Tor-Ei...@Jarnbjo.de>
Subject Re: CLA issues Was: java.sql.*
Date Mon, 13 Feb 2006 17:12:18 GMT
Geir Magnusson Jr schrieb:

> I would further argue that if the author must retain right to revoke 
> the license or have control over derivative works, then open source is 
> impossible in Germany.

Obiously it is not, as long as the software users accept the potenial 
risk of having to replace the software with something else. The 
revokation right is not my interpretation, but very clearly stated in 
the law.

> Given that there is plenty of open-source activity in Germany - and 
> serious efforts - I think that we're misunderstanding something 
> fundamental about German copyright law.

It is unfortunately not very uncommon that German companies have a 
policy not to use OS software at all, partly because of the unclear 
legal status and potential problems, which may arise with a legal 
dispute, partly because of other issues, e.g. not having anyone to sue 
if something goes wrong. As I was working for Siemens 5-6 years ago, 
this limitiation was so strict, that we were not even allowed to use 
open source text editors (e.g. vi or Emacs) to write code, but were 
forced to use a very poor and annoying product, as there were not really 
many options when you have to find a commercial text editor for HP-UX.


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