[CC-ca] Moral rights in version 3.0
russell at flora.ca
Wed May 16 23:11:28 EDT 2007
Andy Kaplan-Myrth wrote:
> There may be other approaches as well. Could we continue to discuss this
> within the context of retaining moral rights, since that is a priority
> for CC.org?
Why is retaining the right of integrity a priority? If there is
uncertainty as to whether distribution/performance (undesirable
associations) or modifications (modifications that harm reputation) is
allowed, then this defeats the purpose of the license. Retaining
attribution doesn't require intimate knowledge of the author, but the
right of integrity does. If the right of integrity is retained then
this effectively retains a requirement for a type of permission, and
thus nullifies the effectiveness of the CC license.
I tend to just use the US licenses when I'm the one setting the
license. If I ever get sued I hope I'll find a lawyer that will try to
convince a judge to interpret the license the way it would be in the US,
which is without a right of integrity at all. This creates uncertainty,
but it is the right of integrity that creates that uncertainty, not the
Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
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