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

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Subject: Development of Creative Commons licenses

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  • From: "Prodromos Tsiavos" <p.tsiavos AT lse.ac.uk>
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
  • Date: Tue, 2 Oct 2007 20:02:36 +0200

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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