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List:       kde-policies
Subject:    Re: Suggested policy (was: Re: Apollon soon in kde-extragear)
From:       Eva Brucherseifer <eva () kde ! org>
Date:       2004-02-13 19:34:28
Message-ID: 200402132032.51279.eva () kde ! org
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Am Freitag, 13. Februar 2004 17:33 schrieb Waldo Bastian:
> So if a specific piece of software can not be legally developed in one or
> more countries then that will deserve some special attention. There is some
> precedent wrt the US export restrictions on crypto although that was never
> an issue for KDE.

I am with you, that we need to be careful with these things. We better exclude 
some minor application than taking a risk on everything.

From a logical point of view I'd say the followoing:
KDE e.V. is a legal entity in Germany and the statues clearly state that all 
possible trials need to be handled by german courts. Since our servers are in 
Germany too, we are in a good position. For mirrors this situation is of 
course different, but we are not running the mirrors ourselves (maybe we 
should place a disclaimer on the mirror page, that KDE e.V. is not running 
the mirrors and that we don't take care weither their content fulfil the 
local law).

In Germany it's forbidden to distribute apps which enable one to copy CDs/DVDs 
which are copy-protected. It's also forbidden to distribute copyrighted 
material to more people than some friends. Therefore I think all screenshots/
howtos etc. showing the explicit illegal copying of material need to be 
removed and some clear statement or warning should be added, that 
distribution of copyrighted material is not allowed. (Maybe even with a 
message box within the application?)

But after all I am no lawyer. And still I have a strange feeling about all 
that copyright thing... at least we need to monitor what's going on in 
american and european law practice.
I also suggest to contact Arne Trautmann for that, since he's a german lawyer 
specializing in this kind of stuff. 

Greetings,
eva

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