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Contributor's waiver of rights is probably not legal under Belgian law #24
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As far as I can see, it's illegal in Russia too: https://www.consultant.ru/document/cons_doc_LAW_64629/01cf40c9e42efacdb8dff7cdd410e2542bbbfdf4/
In fact, I'm pretty sure this is the case in a lot more countries, that's something close to basic human rights. |
AFAIR Same here in Poland. Copyrights are inalienable. Polish original:
And that simply means: you can have whatever you write in your license, and it simply won't be applied to us as law is more important. |
As far as I know this is the case for all countries of the European Union. |
Illegal in the Czech Republic as well. |
License written by ChatGPT. (: |
The definition of "conveyance" in this license seems to be derived from GPLv3, but the referenced term "propagation" (also defined in the GPL) is missing. Coincidentally, this is exactly what I would expect if this license is indeed AI-generated. |
I am aware that I opened this can of worms by opening this issue, but can we please keep discussion on this issue on-topic? If there are other issues to discuss, you should open separate issues on them. IANAL, but as far as I can tell this is just a some shoddiness in the license. The license would still be valid otherwise, with the severance clause, it's just that this specific section could not be enforced. |
IANAL, but I don't think "authorship" is the same as copyright. The way this is worded however, seems like I can't even say "oh, I fixed that window snapping issue".. despite the fact the commit history would clearly show my name on that change. They, in effect, want "work-for-hire" applied to non-billed community contributions. |
Well, that's what CLAs are for :) |
At least in the US, a work is only considered work-for-hire if an employee-employer relationship (or equivalent) exists. IANAL, but the way I see it, this can only be the case if:
There's no way in hell this is possible in the OSS world. No CLA is going to enable this. |
Please pick a standard license, custom licenses hinder engagement from the open source community and arguably damage its health. https://ben.balter.com/2016/08/01/why-you-shouldnt-write-your-own-open-source-license/ |
In section 4. Contributions of the license, you state
and in section 17. Miscellaneous
However, it appears such a full waiver of moral rights is not possible in Belgian copyright law
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