[cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
myonlyb at vollbio.de
Mon Oct 1 01:14:48 EDT 2007
imho the restriction "BY" is not only there to enforce parts of the
European moral rights (don't want to open debate on principles...) , but
is due to a analogy to open source licensing, where attribution is a
very important part of participation. You join, you contribute and thus,
you are named. It is an (=one of more) incentive for contributing...
Terry Hancock schrieb:
> David Maeztu wrote:
>> You´re right, but that´s needed because in many laws there are
>> protection for moral rights, such as in Spain:
>> Article 14.4 of spanish IP law: 
>> "Correspond to the author the following rights wich cannot be renounced
>> and are inalienable:
>> 4. To demand respect for work integrity and prevent any deformation,
>> change, alter or attented against the work that could harm author´s
>> interest´s or reputation."
>> I agree it´s prone to misuse but it`s imperative in many jurisdictions.
> Why is that imperative to include in the CC license?
> According to what you write above, it will apply within Spain, whether
> the license mentions it or not (it isn't legal to remove this right).
> But if the clause is included in the CC license, then you enforce this
> oddity of European law onto Americans as well. Normally we (in the US)
> do not recognize the idea of "moral rights" in a work (which is part of
> our general theory that copyright is not a 'natural' right, but rather a
> state-granted monopoly on an otherwise free activity -- copying
> It doesn't seem to me that reflecting such jurisdiction-specific
> non-copyright laws is that helpful.
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