[MUD-Dev2] [BIZ] Unauthorised Publishing of My Work

[David Johansson]

Lachek Butalek" said:
> On 3/9/07, mud-dev-list at jaruzel.com <mud-dev-list at jaruzel.com> wrote:
> > I've got a slight problem, and before I go rushing off to a solicitor, I
> > thought I'd confer with you fellows as to what my options might be,
> > being that most of you have published MMOG/MUD content containing IP
> > created by you.
> ...
> > Without a clear usage licence, I am unsure where I stand? Is this
> > something I can or should challenge legally?
> 
> First off, IANAL.
> 
> Your source package contains no license file or readme file containing
> the license. Your web download page lists the "restriction"
> (attribution required if you intend on modifying the code) but in a
> very informal way. Since the source package could have been downloaded
> by someone with no intention of modifying the source, redistributed
> around the web for a while, and finally ended up in the hands of the
> author of "Build Your Own Games" who would have had no idea what (if
> any) restrictions you placed on the code, you cannot claim that the
> code was misused with malicious intent. Always, always, always
> including the license file in your source package, and make removing
> the license file from the source package a breach of the license.
> 

<snip>

First off: I am not an american.

Now, there is something that is commonly known in the theories of law as
"Droit de Paternit?".
This right can be described to consist of two parts. The right as a
creator to be named in such a way and according to good customs on all
copies that have been made, and to be named as the work is being made
available for the public. The obligation to name the creator is not just
a positiv duty, but also means that it is forbidden to remove the
creators name on copies that are being made available for the public. If
the work is being published in a re-worked form, the creator of the
original work as well as the creator of the re-worked form be named, as
an example, see the cover of a translated novel, where the author and
the translator is named on the cover or frontpage of the book.


When it comes to money, it gets foggier, and it is very different
depending on nation, but they must _ALWAYS_ publish your name as the
creator, no matter license files or whatnot. Just adding a copyright
notice is not legally binding anywhere (except the US maybe?) - Your
work is already protected if it reaches a certain degree of originality
or creativity, The Droit de Paternite cannot be touched.