--- Arnoud Galactus Engelfriet <[EMAIL PROTECTED]> から のメッセージ： > Stephane Bortzmeyer wrote: > > As I already explained several days ago, the right > to prevent > > modifications does NOT exist for SOFTWARE. > Author's rights on SOFTWARE > > are quite limited, even in Europe. > > Moral rights are excluded for software? Can you > please give > me a citation for that? As far as I can tell, the > Berne > Convention nor any of the WIPO treaties say anything > like this.
Generally it varies pretty widely among jurisdictions, but I don't recal commentary on Berne or WIPO. Obviously it can be excluded from protection by Berne if signatories implement it domestically. I am looking for some cross sections I'd done of treatment of software in various jurisdictions. In the meantime Sterling and Stromholm are pretty standard international copyright references, and here's some cites below for UK, Japan, Germany. I seem to recal Canada was an interesting case. See J.A.L. Sterling, LL.B., World Copyright Law, Protection of Author's Works, Performances, Phonographs, Films Video, Broadcasts, and Published Editions in National, International and Regional Law 308, 322-27 (1998) (surveying the rights of adaptation and distribution in the economic rights context from national and international legislative and case law sources); see also Stig Stromholm, Copyright Comparison of Laws 16-18 (1990) (presenting the national treatment of adaptations and pointing out that although underlying principles of the domestic laws would support protection of adaptations most specifically enumerate adaptations or "derivative works" as protected works). See Sterling at 288 (describing Germany's general treatment and lack of restrictions of applying moral rights to software). See id. at 289 (noting the United Kingdom's lack of any moral rights protections for software). See id. at 291 (describing France and Japan's treatment of moral rights for software by limiting the application of the right of integrity by prohibiting invoking the rights against changes by users for compatibility). > > -- > Arnoud Engelfriet, Dutch patent attorney - Speaking > only for myself > Patents, copyright and IPR explained for techies: > http://www.iusmentis.com/ -- James Miller [EMAIL PROTECTED] __________________________________________________ Do You Yahoo!? Yahoo! BB is Broadband by Yahoo! http://bb.yahoo.co.jp/
