3 Jul
2010
3 Jul
'10
2:08 p.m.
Am 30.06.2010 13:19, schrieb Paul Davis:
On Wed, Jun 30, 2010 at 7:13 AM, Nils
Hammerfest<nils(a)hammerfeste.com> wrote:
In Germany the recent situation is: if you have made a derivative work
in "good faith" you have to stop to distribute your derivative as soon
as you learn, that the initial work is not made legally. There is a
thing called "Mitstörerhaftung" that could be translated to
"Responsibility for helping others to do illegal things without being
involved in such illegal activities directly and without having intended
to do so". As soon as you are informed about such activities on your
website or in any other thing you distribute you have to respond within
48h. If your response is to stop such distribution immediately and
inform the involved parties that you have done so, you have a very good
chance to be out of trouble. BUT! this is custom, NOT written law.
Especially you are not completely secured from costs that come with a
lawsuit.
Another much more delicate point is the *information* you may get by
reading code that a proprietor has not allowed to be distributed. Say,
it would be a media-player that can read a certain type of file-format.
If you know, how such a format can be decoded, you could write your own
code from scratch, that is capable to read such files as well.
And if such code is illegal or not, is not ultimatively decided yet.
best regs
HZN
Now what happens? Of course the intial release
was wrong and there will be legal consequences, no question. But what about the derived
works and their derived works?
there is no single answer to this. it would depend on national laws
(which vary) and it would depend on the particular case at hand. there
are examples i can imagine where in US law, the derived work would
immediately become as illegal as the initial work, but the
distributor(s) of the derived work would not have any liability.
there
are other examples i can imagine where they clearly would.
--p