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When does the FSF own your code?When does the FSF own your code?Posted Mar 19, 2013 17:11 UTC (Tue) by drago01 (subscriber, #50715)In reply to: When does the FSF own your code? by joshuagay Parent article: When does the FSF own your code?
> It was explained to me that this is more a semantic difference than a material one.
I am not a lawyer but an agreement that states "I hereby assign my copyright of work $foo to person/company/entity $bar" is simply void. You could as well just write "nffiprfiporkwkojkfdowef3#+32313+#23+1" in the agreement it has the same effect.
As for the second part of your comment, I'd have to read up on that, thanks for the pointer though.
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When does the FSF own your code? Posted Mar 19, 2013 18:16 UTC (Tue) by niner (subscriber, #26151) [Link]
You should probably talk to a lawyer about this some time. While it's true that in German and Austrian law, you cannot transfer copyright (Urheberrecht to be precise), any judge would simply ask the question what was meant by "assign my copyright". And it's very obvious that the owner wanted to give the Werknutzungsrecht (in Austria, Nutzungsrecht in Germany) to the recipient. And that's an unlimited exclusive license that effectively transfers all rights.
The only right one really cannot transfer is the right to claim authorship. So you may still say that you have written the thing, but you may not even use it without permission of the new rights holder.
IANAL myself, so really, ask a lawyer :)
When does the FSF own your code? Posted Mar 19, 2013 19:58 UTC (Tue) by hummassa (subscriber, #307) [Link]
Down here (Brasil), our Author's Rights Law says that an author or its successors can transfer all rights given by the same law, except the moral rights (basically assignment, like the right to have your name cited when your work is cited and the right to have your name excluded when the execution of your work modifies it, among others).
When does the FSF own your code? Posted Mar 19, 2013 23:09 UTC (Tue) by drago01 (subscriber, #50715) [Link]
OK if you look at it that way it makes sense but I'd rather spell out what is meant in a contract rather then hopping that a judge gets the intent right ;)
When does the FSF own your code? Posted Mar 29, 2013 22:15 UTC (Fri) by JanC_ (guest, #34940) [Link]
I don't think the owner of the exploitation rights can prevent you from using it personally: even if your author's rights won't allow it (which I doubt), you have a "legally obtained" copy already, and "fair use" allows you to use it.
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