[pp.int.general] Fwd: <nettime> Richard Stallman: How the Swedish Pirate Party Platform Backfires on Free Software
r.bakels at planet.nl
Wed Jul 29 09:57:43 CEST 2009
- Please note that software copyright always was controversial among lawyers
because it does not fit well into the system of copyright law. For practical
purposes, this debat was ended by the 91/250 directive in Europe. The
Belgians made the proper solution: they implemented this directive into a
*separate* act (rather than in exception provisions in the copyright act).
- An important difference between regular copyright and sofwtare copyright
is that copyright usually only restricts (re)publication, not the use of the
material, while software copyright does. Incidentally, there is a disk that
the software copyright regime "infects" regular copyright and introduces a
use right for books, records etc. as well.
- If software is removed from (mainstream) copyright, it is no longer ubject
to "Berne". Incidentally, the Americans only acceded to the BC at a late
stage (1989 iirc). While they complied with the "no formalities" rule, they
still have (procedural) advantages for authors who do fulfill some
- The problem of GPL etc. licences depending on copyright may be solved by
strngthening the concepts of moral rights (noon-existant in the US): the
*exploitation* right may end after five years, but the *moral* rights may
last forever. Like in France today.
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