Question on OSD #5
Romain Berrendonner
romain at berrendonner.org
Mon Dec 17 14:57:28 UTC 2007
Arnoud Engelfriet wrote:
> Why not? It's a condition on the right to create derivative works.
> Sure, it's onerous, but generally not that onerous that it would be
> unenforceable.
>
> The biggest difficulty I see is whether this means *any* modification
> and how soon after its making it should be submitted? Every modification
> that makes it into a "stable" version? Every modification that compiles?
> Every modification I put in cvs? Every modification I save?
The sheer fact that you ask these questions probably proves that such an
obligation would have an undetermined object, making it void under some
contract laws (I have the French contract law in mind here).
In addition, I wonder if such a clause, forcing an author to divulge his
work, would be compatible with the author's moral right to divulge his
work which exists under some copyright laws. The right to do something
usually implies the right *not to* do something. You give up the latter
with such a clause. A tricky issue IMHO.
--
Romain
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