Convert GPL to MPL

B.Jean veille.jus at
Sun Jan 20 00:51:23 UTC 2008

Philippe Verdy a écrit :
> Arnoud Engelfriet [mailto:arnoud at] wrote:
>> John Cowan wrote:
>>> Arnoud Engelfriet scripsit:
>>>> French law has perpetual moral rights, but e.g. in Germany they expire
>>>> when the economic rights expire. I don't think England has perpetual
>>>> moral rights, so legally I'd be in the clear if I omitted
>> Shakespeare's
>>>> name from my translation.
>>> And the U.S. allows no moral rights in textual works at all.
>> Which is a gross violation of the principles of the Berne Convention.
>> (The flipside is that US authors don't get to exercise their moral rights
>> anywhere in the world.)
> Fully agree with you! There has already been decisions in US courts, forcing
> US companies to respect the moral rights owned by foreign authors protected
> by laws of Berne convention signatory parties, and even forcing them to
> indemnify these authors for their abuse.
> US respects this international convention and certainly don't want to break
> it.
> And it's not always necessary to start a trial within US, if there's a
> treaty of collaboration between juridic systems: an action against an US
> offender can be initiated in its own country, where a court order will to
> solve the litigation will become applicable in US using a simplified
> procedure not requiring a new trial and decision by a US court.
> Note however that the juridic collaboration is limited, notably from US that
> severely limits this collaboration and wants its citizens being judged in US
> in most cases; this can be the cause of diplomatic litigation and
> negociation between the two countries. However, if a court decision has
> already occurred, US can't contest this decision, but could seek
> arrangements to negociate the application of the terms of the decision, and
> find reasonable "equivalences", but this is only accepted to protect the
> Constitutional rights. However, such restriction by Constitutional rights
> applies essentially to individuals, not to organizations.
> Foreign moral rights ARE recognized in US (and this is already largely used
> by US corporations when they want to protect these: they will claim their
> rights by demanding protection in countries that define and protect these
> rights, in addition to registering their rights in US; for this, they create
> a collaborative work and the copyright notice includes the names of their
> foreign subsidiary establishments).
> This is also used by influent US people that have a legal right of residence
> outside US, and this is also used when any US citizen travels abroad: their
> moral rights are claimed in the countries they visit (for example in France
> where they can prosecute paparazzi that violated their private life: France
> effectively protects the moral rights and each year, its courts are taking
> lots of decisions on this subject; the French jurisprudence on moral rights
> is abysmal since very long, it will be hard to defeat it if you violate
> them).
Excuse me : do you have some reference about decisions and everything 
you speak about ?


More information about the License-discuss mailing list