[cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use

Prodromos Tsiavos p.tsiavos at lse.ac.uk
Tue Oct 2 14:02:36 EDT 2007


Hi Terry,

In the implementation of the Greek CC licences, after discussions with CC 
International, we have opted for the following clause in section 4g of the 
CC_BY_NC_SA:

"Moral rights remain unaffected to the extent they are recognized and are 
non waivable by applicable law."

I hope such wording addresses some of your concerns.

best,
pRo

----- Original Message ----- 
From: "Terry Hancock" <hancock at anansispaceworks.com>
To: "Discussion on the Creative Commons license drafts" 
<cc-licenses at lists.ibiblio.org>
Sent: Tuesday, October 02, 2007 8:12 PM
Subject: Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use


> Jordan S Hatcher wrote:
>>>So I'm asking -- *is* that what happens with the 3.0 wording? Or is
>>>there some trick that I'm missing?
>>
>> See 8f.
>> http://creativecommons.org/licenses/by/3.0/legalcode
>
> Yeah, okay, here it is:
>
> """
> The rights granted under, and the subject matter referenced, in this
> License were drafted utilizing the terminology of the Berne Convention
> for the Protection of Literary and Artistic Works (as amended on
> September 28, 1979), the Rome Convention of 1961, the WIPO Copyright
> Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and
> the Universal Copyright Convention (as revised on July 24, 1971). These
> rights and subject matter take effect in the relevant jurisdiction in
> which the License terms are sought to be enforced according to the
> corresponding provisions of the implementation of those treaty
> provisions in the applicable national law. If the standard suite of
> rights granted under applicable copyright law includes additional rights
> not granted under this License, such additional rights are deemed to be
> included in the License; this License is not intended to restrict the
> license of any rights under applicable law.
> """
>
> So what's your opinion?
>
> Looks to me like it DOES assert moral rights in non-moral-rights
> jurisdictions. Which is why I think it's a bad idea.
>
> Cheers,
> Terry
>
>
> -- 
> Terry Hancock (hancock at AnansiSpaceworks.com)
> Anansi Spaceworks http://www.AnansiSpaceworks.com
>
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