[cc-community] Lawyers Discussing CC License For Their Blog

Peter Brink peter.brink at brinkdata.se
Fri Apr 8 06:07:18 EDT 2005


drew Roberts skrev:
> 
> I am not saying that I think this would be a good idea, but I put it forward 
> before and no one commented as to the possibility.
> 
[snip]
> 
> Now, what if you design the license such that when they do assert their moral 
> rights in such countries that they suffer consequences in other countries? 
> (Whether they win or lose in the courts of the moral rights country.) 
> Especially in relation to works they have made that are not original to 
> themselves but are derivatives or adaptations.

That is an undue condition. In Sweden such a condition would likely be 
seen as an attempt to circumvent a mandatory law, and (IMHO) a Swedish 
court would find such a term unlawful per se.

> I fly you to America and get you to sign a transfer of copyright to me to be 
> held in escrow by a lawyer and to sign a contract that stipulates that if you 
> ever assert your moral rights to the work in question anywhere on anyone, 
> that the assignment gets handed over to me (worldwide rights) and that you 
> owe me $X dollars where, as you can see X is big, not little (x)... (ok, it 
> is a poor joke.)
> 
> How would such a situation likely unfold?
> 

With you ending up in jail? ;)

Forcing an agreement on someone where he has to sign over property to 
you and forcing wide ranging conditions on the same person is not going 
to hold up in a court. The arrangement you describe is in fact a "pactum 
turpe", an indecent agreement, an agreement which at least a Swedish 
court would refuse to arbitrate.


/Peter Brink





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