Full Disclosure mailing list archives

Re: FrSIRT Puts Exploits up for Sale


From: "KF (lists)" <kf_lists () digitalmunition com>
Date: Fri, 17 Mar 2006 08:46:01 -0500

Lets get a little more specific even:

Art. L121-4 seem to look like a good way to prevent them from selling your code.

http://en.wikipedia.org/wiki/French_copyright_law


   Moral rights

French copyright law treats a protected work as an extension of the personality of the author which is protected by a certain number of moral rights. In general, the author has the right to "the respect of his name, of his status as author, and of his work" (Art. L121-1). The following rights are usually recognised:

   * right of publication (/droit de divulgation/): the author is the
     sole judge as to when the work may be first made available to the
     public (Art. L121-2).
   * right of attribution (/droit de paternité/): the author has the
     right to insist that his name and his authorship are clearly stated.
   * right to the respect of the work (/droit au respect de l'intégrité
     de l'oeuvre/): the author can prevent any modification to the work.
   * right of renouncal (/droit de retrait et de repentir/): the author
     can prevent further reproduction, distribution or representation
     of the work (Art. L121-4).
   * right to protection of honour and reputation (/droit à s'opposer à
     toute atteinte préjudiciable à l'honneur et à la réputation/)

...

Art. L122-5 defines the exceptions to French copyright law, which are relatively restricted.

Once a work has been published, the author cannot prevent:

   1. Private family perfomances.
   2. Copies for the private and personal use of the copier. This
   provision does not apply to works of art, computer programs (where a
   single safeguard copy is allowed, Art. L122-6-1-II) and databases.
   3. In cases where the name of the author and the source are clearly
   indicated,

       a) Analyses and short citations justified by the critical,
       polemical, scientific or pedagogical nature of the work.
       b) Press reviews.
       c) Diffusion of public speeches as current news.
       d) Reproductions of works of art in catalogues for auctions in
       France (subject to regulatary restrictions).

   4. Parody, pastiche and caricature, "taking into account the usage
   of the genre".
   5. Acts necessary to access a database within the limits of the
   agreed use.

The is no specific provision for government works or laws: the copyright is normally held by the relevant public body.


-KF

Thierry Zoller wrote:

Dear Rembrandt,

rjd> If you puplish something without a license it is OPEN DOMAIN
rjd> That means people can use it, modify it, sell it...
That's bull. It's vice versa, meaning even if I just put something new
somehwere on the web, the author inherently holds copyright.
-BERN convention.

Please don't spread that FUD any further.


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_______________________________________________
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Charter: http://lists.grok.org.uk/full-disclosure-charter.html
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