Hi Nemo, dear Harald,
Don't know, if you are the right persons to address, but anyways,
please forward if you know to whom:
> ... in German copyright law there is the concept of fading.
> If the original work by one author has been edited to an extent
> that it is barely recognizable, his original work has faded and
> so have his rights. [...}
> So if (...) this is still an open question, it might very well be
> the case that the court would request a techncial expert report
> to clarify this to the court.
Let me suggest to proactively ask the modifiers to join to execute
their rights and sue the plaintiff a well, and state in-court that
this will be the case. In a case that I had to fight in a German
court that was enough to make the judges not to dig any deeper.
In another court case in Germany, the fsf, represented by a lawyer
of their Berlin office, managed to transfer all copyrights of all
authors of GNU/linux to a person involved in the case for the duration
of that hearing, if I recall that right. Maybe taht is another option.