[legal precedence to force waiving copyright> > A legal precedent valid in all jurisdictions? > > Harald suceessfully takes legal actions against people violating his > copyright on the Linux kernel under the terms of the GPL in Germany at > German courts based on German laws. > > If someone finds any legal precedent in Finland or the USA or Russia > that some copyright would have lapsed for some reason, would this have > any legal effect in Germany? That is difficult but AFAIK it work in the "increase protection" direction but not the other way around, at least in germany. For example even though the copyright on Micky Mouse is no longer valid by german law it is still enforcible under german law because the german jurisdiction does acknowledge the (recently extended) longer such period in the US. Apart from that I'm sure you'd find some state "legally" waiving a copyright on whatever. If that would start an avalanche of similar terminations everywhere else I'd be utterly surprised. Best, Michael -- Technosis GmbH, Geschäftsführer: Michael Gerdau, Tobias Dittmar Sitz Hamburg; HRB 89145 Amtsgericht Hamburg Vote against SPAM - see http://www.politik-digital.de/spam/ Michael Gerdau email: [email protected] GPG-keys available on request or at public keyserver
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