On 29.02.2016 18:34, Federico Leva (Nemo) wrote:
Hi Nemo, dear Harald,
Don't know, if you are the right persons to address, but anyways,
please forward if you know to whom:
... in German copyright law there is the concept of
fading.
If the original work by one author has been edited to an extent
that it is barely recognizable, his original work has faded and
so have his rights. [...}
So if (...) this is still an open question, it might very well be
the case that the court would request a techncial expert report
to clarify this to the court.
Let me suggest to proactively ask the modifiers to join to execute
their rights and sue the plaintiff a well, and state in-court that
this will be the case. In a case that I had to fight in a German
court that was enough to make the judges not to dig any deeper.
In another court case in Germany, the fsf, represented by a lawyer
of their Berlin office, managed to transfer all copyrights of all
authors of GNU/linux to a person involved in the case for the duration
of that hearing, if I recall that right. Maybe taht is another option.
Purodha