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cc-licenses - Re: [cc-community] Re: CC licenses and "moral rights"

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Subject: Development of Creative Commons licenses

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  • From: Alex Schroeder <alex AT gnu.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-community] Re: CC licenses and "moral rights"
  • Date: Wed, 30 Mar 2005 01:43:43 +0200

Greg London schrieb:

Alex Schroeder said:

I think the point is that these countries are trying to protect artists
against having to sell-out.


yes, but if the author is giving away their work as part of a
gift economy, then there is no "selling out" to protect against,
it's about making the work more free, less entangled.

I totally agree with the goal statement.

However, consider person A writing a program and making it available as free software, including some totally silly mistakes, then comes person B, selectively copies the parts that are bug-ridden, and puts up a website ridiculing A, using his software as an example. One way of looking at this case is that B made a derivative of the original work (assuming the copy exceeds what would be considered fair use), and violates A's moral rights (assuming B's words are not strong enough to be slander, and not wrong enough to be lies, but hurtful, damaging to A's reputation as a programmer, and one-sided, because all the other excellent work A wrote is being ignored), then A could invoke his moral rights and prohibit B from using, copying, modifying and distributing A's work (invoking the copyrights A licensed to all who wanted them, including B). In this case, I would assume that A's material on B's website would have to be taken down.

From A's point of view, "free and less entangled" has nothing to do with what is going on.

I still maintain that moral rights are /not/ a major obstacle for CC. They are just another thing that has to be taking into account.

Alex.





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