[Lazarus] I ported some components, not sure if I can publish them :-(

[A.J. Venter]

>>>
>>> "Diese Komponenten sind Public Domain, das Urheberrecht liegt aber beim
>>> Autor."
>
> [...]
>
>>
>> In Germany, "public domain" does not exist. One *can not* give up the
>> copyright. But one can allow unrestricted use.
>
> So what would you think reading that license?

While I think it is crazy that Germany does not allow one to waive
ones copyright - that is their decision as a sovereign state.
However, nobody who isn't a citizen of that state can be bound by
their laws - so no doubt there must be some way that Germany deals
with things from outsiders that are public domain.
The logical answer is to use the exact same structure they use for
copyrights that have expired. Germany is bound by the Bern convention
so
they are required to let copyright expire and go into the public
domain eventually. Even if they prevent Germans for placing their work
there prematurely, they cannot prevent
foreigners from doing so, so logically the effect inside Germany
should be the same.
The only other viable way of dealing with it would be to assume that
the author granted you an implicit copyright license which grants ALL
the rights that copyright would have
restricted. This would have the same practical result as the first
option - but be much more legally cumbersome and illogical (of course,
I won't put anything past politicians).

Either way, Germany cannot dictate to foreigners the terms under which
they may make their works available unless they made public domain
publishing so illegal as
to ban the import of public domain works from countries that allow it
- something I seriously doubt.

Now please note, I am not a lawyer, just a copyright reform activist
with a pretty clear idea of most copyright systems and what the Bern
convention requires - I don't know how Germany specifically
deals with foreign public domain but if I had to make an educated
guess I would say you are likely in the clear. However,  I would
suggest you check with somebody more knowledgeable about German
copyright law specifically before acting on this suggestion - whatever
system they use to deal with it, you should know the terms under which
you can act before acting.

Ciao
A.J.

PS. I am assuming the original publisher IS in fact a foreigner ?
PPS. Your components are under copyright law a derivative work. It is
a known fact here that the author of the original work had intended
you (among other things to have the right to create such
derivatives, and distribute them (otherwise the public domain placing
makes no sense) - so while there may be some specifically German
red-tape that YOU have to deal with - the essential concept here is
completely ok.

-- 
A.J. Venter
Chief Executive Officer
Tel.: +27 21 554 5059
Fax: +27 11 252 9197
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