Subject: Re: Question on OSD #5
From: Romain Berrendonner <romain@berrendonner.org>
Date: Mon, 17 Dec 2007 15:57:28 +0100

Arnoud Engelfriet wrote:
> Why not? It's a condition on the right to create derivative works.
> Sure, it's onerous, but generally not that onerous that it would be
> unenforceable.
> 
> The biggest difficulty I see is whether this means *any* modification
> and how soon after its making it should be submitted? Every modification
> that makes it into a "stable" version? Every modification that compiles? 
> Every modification I put in cvs? Every modification I save? 

The sheer fact that you ask these questions probably proves that such an 
obligation would have an undetermined object, making it void under some 
contract laws (I have the French contract law in mind here).

In addition, I wonder if such a clause, forcing an author to divulge his 
work, would be compatible with the author's moral right to divulge his 
work which exists under some copyright laws. The right to do something 
usually implies the right *not to* do something. You give up the latter 
with such a clause. A tricky issue IMHO.

-- 
Romain