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From Geir Magnusson Jr <g...@pobox.com>
Subject Re: CLA issues Was: java.sql.*
Date Mon, 13 Feb 2006 17:42:23 GMT


Tor-Einar Jarnbjo wrote:
> 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.

It's not OSS if the author can do that arbitrarily.  Think about it - 
you could wait until something is really popular, and then go shake down 
every user using it...

> 
>> 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. 

Heh.

> 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.

Double heh.

geir

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