CC licenses and "moral rights"

Peter Brink peter.brink at brinkdata.se
Thu Mar 24 07:35:23 EST 2005


Robin Millette skrev:
> 
> I would have to disagree as well. Software is covered by copyright in 
> most jurisdictions (which is a little odd when you think about it, since 
> copyright doesn't otherwise apply for functionnal creations, but I 
> disgress). And the Free Software / Open Source licences are all designed 
> to plug into copyright and allow greater rights then are permitted by 
> default.
> 

The licenses does not "plug into" copyright law, they "mask" it. Open 
Source/Content licenses are contractual arrangements which "masks" some 
of the features of copyright law and changes those features. To be able 
to legally issue a license one must be able to assert a copyright, but 
the license is a contractual agreement between the licensor and the 
licensee.

/Peter Brink





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