[cc-licenses] 3.01 - defences and warranties

Nic Suzor nic at suzor.com
Thu Oct 11 20:12:05 EDT 2007


1. By removing "or as may be otherwise permitted by applicable law"
from the first sentence, the clause could be read to be purporting to
remove any defences applicable to the infringement of the moral right
of integrity (reasonableness).

Suggest adding the words "except as permissible under the local law."
to the end of the first sentence.

2. In countries where "any exercise of the right granted in Section
3(b) [...] could violate the moral right of integrity of the Original
Author", if the Licensor is not the original author, the value of the
licence is almost nil (only the reproduction right is effectively
licensed). I would be concerned about (a) the lack of either a
warranty that moral rights have been cleared or a notice that they
haven't, and (b) the potential liability of the Licensor for
misleading conduct.



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