[cc-licenses] CC0 beta/discussion draft 2

Gisle Hannemyr gisle at ifi.uio.no
Thu Apr 17 11:29:43 EDT 2008


Mike Linksvayer wrote:
> See http://creativecommons.org/weblog/entry/8211 for announcement,
> feedback encouraged on this list.

> - CC0 waiver legalcode
>   http://labs.creativecommons.org/licenses/zero/1.0/legalcode

I do not think that the text of the beta CC0 waiver will have any
legal effect in most countries in Europe.  I am certain that this
will not fly in Norway.

You just can't waive moral rights in Norway (the law is very clear
on that point).  But that's a mere technicality.  Even if you
can't waive moral rights, if you think you can, you will probably
not create too much of a stink when someone violates them.

But in the legal code, the author waives a lot of other rights:
"privacy rights, rights protecting against unfair competition
and any rights protecting the extraction, dissemination and reuse
of data" without as much as pausing  to establish that the author
has those rights in the first place.

Take a photograph for instance. In Norway a photograph depicting
a person is considered personal data and covered by the data
protection act.  The privacy rights attached to that data
belongs to the depicted person, not the author.  This goes for
a number of other data as well.  You simply can't release
personal data into the public domain in Norway, so making the
waiver apply to data bases open up a whole can of worms as to
who controls the right to the data in the data base (in many
cases, it is not the author).

I am afraid that releasing something like this on the general
public is not a good idea.  People using CC-licenses are not
legal experts and the CC0 legalcode has the potential to
create a huge mess if someone without the legal expertise
starts using it to waive rights that they he not posess in
the first place.
-- 
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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     "Don't follow leaders // Watch the parkin' meters" - Bob Dylan



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