full-disclosure - FrSIRT Puts Exploits up for Sale

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Message-ID: <441ABD99.7040404@digitalmunition.com>
Date: Fri Mar 17 13:47:50 2006
From: kf_lists at digitalmunition.com (KF (lists))
Subject: FrSIRT Puts Exploits up for Sale

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 paternit?/): 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'int?grit?
      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 ? s'opposer ?
      toute atteinte pr?judiciable ? l'honneur et ? la r?putation/)

...

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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