Open source shareware?

[Chloe Hoffman]

This is not legal advice. No lawyer-client relationship is established. etc. 
etc.

>From: Angelo Schneider <angelo.schneider at oomentor.de>
>To: license-discuss at opensource.org
>Subject: Re: Open source shareware?
>Date: Fri, 09 Nov 2001 12:28:12 +0000
>
>Hi all!
>
>Angelo Schneider David Johnson:
> >
> > > On Thursday 08 November 2001 08:05 am, Forrest J. Cavalier III wrote:
> > >
> > > As long as this permission notice and disclaimer are included, any
> > > person obtaining a copy of this software may distribute this
> > > software or derivatives.
> >
> > Where's my permission to create derivatives? I see that I can distribute
> > them, but there's nothing about being able to create them. This is a 
>crucial
> > distinction. As it now stands, I have the right to distribute 
>derivatives
> > created by OTHER people, but not to create them myself.
> >
>
>You do not need a permission to create derivates, IMHO.
>
>As I understand copyright law creating of a derived work is free for
>everyone.
>Only redistribution, public performance etc. is regulated.
>

This is plain wrong in all copyright laws that I am aware of, including 
Germany. The basic principle is that creation of a derivative work (or 
whatever the term is in other laws outside the U.S.) is an exclusive right 
of the copyright owner. That means someone needs either permission from the 
copyright owner (e.g., license) or rely on some other defense (e.g., fair 
use, de minimis, etc.).

>Angelo
>
>----------------------------------------------------------------------
>Angelo Schneider         OOAD/UML         Angelo.Schneider at oomentor.de
>Putlitzstr. 24       Patterns/FrameWorks          Fon: +49 721 9812465
>76137 Karlsruhe           C++/JAVA                Fax: +49 721 9812467
>--
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