View Single Post
javispedro's Avatar
Posts: 2,355 | Thanked: 5,249 times | Joined on Jan 2009 @ Barcelona
#54
Originally Posted by olf View Post
No, at least not for French law, as the aforementioned source points out (in detail).

And they have quite a different meaning in the legal context, see (again).
I am not sure I agree. The concept exists for sure, but I am not sure if this means the same. Could you quote the relevant parts?


Also, if we go towards the "transfer of possession" route (as in real state / goods), we lead into another nonsensical conclusion: that when the museum lends me a tablet I apparently get the right to use it for any purpose as well as the right to its profits.

I think that the closest legal thing to the "museum tablet" scenario as well as the "company phone" thing would be commodate / prêt a l'usage / prestamo de uso (it's present by the same name in both civil codes). In these cases the loan is usually free, and the only right you get is usage for that specific purpose only. The lender remains propietaire, will still pay for the maintanance, have the right to the profits, etc. The moment you try to use the loaned item for something other than what was agreed, or for more time than agreed, then you do have to pay the maintance+repair for the item. In addition to that you have to return the item in the same state/configuration.

I do not see how this involves transfer of possession and the attached rights (e.g. claiming the proprieté of the object after N years of possession? claiming the fruits of the object? etc. etc.) And even if you could, since you cannot really use the object for any purpose you want, most definitely not installing your software on it, it's going to be hard to claim that the GPLv3 "conveyance" applies.

Last edited by javispedro; 2021-04-05 at 16:22.
 

The Following User Says Thank You to javispedro For This Useful Post: