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Re: Changes to "Contribution Checklist" -- Format of the contribution.
- From: "Gabriel F. T. Gomes" <gabriel at inconstante dot eti dot br>
- To: Florian Weimer <fweimer at redhat dot com>
- Cc: Carlos O'Donell <carlos at redhat dot com>, Joseph Myers <joseph at codesourcery dot com>, Andreas Schwab <schwab at suse dot de>, Adhemerval Zanella <adhemerval dot zanella at linaro dot org>, Szabolcs Nagy <szabolcs dot nagy at arm dot com>, GNU C Library <libc-alpha at sourceware dot org>
- Date: Sun, 24 Mar 2019 14:18:20 -0300
- Subject: Re: Changes to "Contribution Checklist" -- Format of the contribution.
- References: <187fa6e8-11fc-e33a-daa1-51d0aa3962f7@redhat.com> <87y36iy9mm.fsf@oldenburg2.str.redhat.com> <29a94078-d05d-e29c-8009-e905bfb2bf31@redhat.com> <87ftspjkao.fsf@oldenburg2.str.redhat.com> <alpine.DEB.2.21.1902151349210.19658@digraph.polyomino.org.uk> <87o96edbe8.fsf@oldenburg2.str.redhat.com> <alpine.DEB.2.21.1903132131450.10481@digraph.polyomino.org.uk> <c9b81b37-410d-bc38-2a42-3e9cb9614514@redhat.com> <8736nqa0vw.fsf@oldenburg2.str.redhat.com>
On Wed, Mar 13 2019, Florian Weimer wrote:
> * Carlos O'Donell:
>
> > I wondered this also and I spoke with DJ about this with regards to
> > US law. The best we could figure is that there has to be some country
> > where copyright assignment and authorship are two distinct items.
> > You can assign copyright, but authorship remains yours, and cannot
> > be removed. Removing a name might be seen as the equivalent of removing
> > authorship. I don't know if this is true, the ChangeLog and VCS all
> > contain authorship information for the file anyway, so I think we might
> > be able to remove "Contributed by" statements to avoid confusion.
> >
> > IANAL. I think we might need legal advice here.
>
> Agreed.
>
> If you want to read up on this, key phrases are “moral rights” and
> “droit d'auteur”.
I am also not a lawyer, but if you are looking for one such country
where copyright assignment and authorship are distinct items, I know
that, in Brazil, these two things are treated differently, i.e.: we have
what I would translate to "moral rights" and "property rights". One
cannot give up or transfer their "moral rights", per Chapter II,
Article 27 [1].
[1] Reference (in Brazilian Portuguese):
http://www.planalto.gov.br/ccivil_03/leis/L9610.htm
There is another law [2] that distinguishes computer programs from other
types of intellectual works, which states that "moral rights" do *not*
apply to computer programs, except for the fact that the author has the
right to claim authorship (i.e. precisely what's been discussed here),
per Chapter II, Article 2, Paragraph 1.
[2] Reference (in Brazilian Portuguese):
http://www.planalto.gov.br/ccivil_03/leis/L9609.htm
Anyhow, IANAL. :/