Restriction on distribution by Novell?

[Philippe Verdy]

From: "Matthew Garrett" <mjg59 at srcf.ucam.org>
> On Wed, Sep 27, 2006 at 04:25:13PM -0400, Matthew Flaschen wrote:
> 
>> That's incorrect.  Berne recognizes quotation rights, which are the same 
>> thing.  Besides, national laws do recognize it, and thus people can take 
>> advantage.  
> 
> If you can point me to the section of UK copyright law that allows this 
> sort of fair use, I'd be slightly surprised - the relevant law is 
> chapter 3 of 
> http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm . The only 
> quotation rights apply to criticism or review (section 30) - I don't see 
> any way in which a patch could fall into that category.

The French right of quotation, with criticism, is also extremely limited, and even the criticism is severely restricted as it may come related to offense, and anyway it also comes with a right of reply. Courts are full of actions and judgements every year against non fair quotations. Even if these are true facts (the question is not about truth, but respect of privacy and honour of physical persons, and not just about the rights of authors and artists). The right of quotation applies only to artistic arts for presenting a creation, or to physical people only with their permission, this is definitely not what US defines as "fair use" which is illegal in France.

In other words, this means that you can't quote anything or anyone without asking for permission. And lots of things are restricted like logos, and so on, except when they are exposed by their legitimate owner in public areas.