[PD] Percolate

[Hans-Christoph Steiner]

On Mar 9, 2007, at 3:04 AM, IOhannes m zmoelnig wrote:

> Hans-Christoph Steiner wrote:
>>> will be major differences between the anglo-american and the  
>>> european
>>> way. (and other ways too, but about these i know even less)
>>
>> I think that they are not as big as you'd guess because there are
>> international treaties that are all about making these laws work in
>> the same ways across borders.  Copyright, patents, and trademarks act
>> quite similarly in all countries that participate in these treaties
>> (which is most).
>
> not quite true.
> (i'd say it is an anglo-centristic viewpoint ;-))
> after all, in anglo-american space we have to deal with "copyright"
> whereas in continental europe we still have the "urheberrecht"  
> which is
> something really different.

The mechanisms is different, but the functions are largely the same.   
For example, "Fair Use" with copyright is determined more by court  
rulings in the U.S. while I think that Urheberrecht/droit d'auteur  
codifies it as the right to quote.

As for GPL in the German courts, it has been tested, and the GPL was  
legal and enforced:

http://gpl-violations.org/news/20060922-dlink-judgement_frankfurt.html

.hc


>>>
>>> things are certainly better in CreativeCommons (among other things
>>> because they are less u.s.-centric than the FSF).
>>
>> Hmm, that's debatable.  They don't have a license without an
>> attribution clause, it's not even an option. And the CC attribution
>> clause is much worse than the BSD attribution clause ever was.
>
> yes i agree here.
> i was just trying to say that the creative commons is much more
> "court-proof" in different countries since it has been adapted to  
> really
> fit within the legislature of these.
>
> the GPL never had anything but the u.s.-american copyright law in  
> mind,
> which makes it not necesserarily fit for other countries.
> i do not say that the GPL is bad or futile in europe, it is the  
> license
> i use...
>
>
> mfg.asdr
> IOhannes



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