[cc-licenses] CC0 beta/discussion draft launch

Jordan S Hatcher jordan at opencontentlawyer.com
Wed Jan 30 05:36:46 EST 2008

On 29 Jan 2008, at 19:49, Claudio Ruiz wrote:

> Either way, from the strict legal sense, in Chile we have a  
> important legal problem waiving patrimonial rights. While art.  
> 11 of Copyright Law stablish the waive of all patrimonial rights as  
> a public domain situation, art. 86 stand all the patrimonial rights  
> as unrenunciable by authors (??).
> We've been in our National Congress debating the reform of  
> copyright law and this is certainly a very important situation that  
> we've pointed, but there's not solution at this time. I think this  
> legal situation must be solved before spread CC0 in Chile. Sadly :(

There are two parts to the public domain dedication legal code in the  
CCZero waiver however.

1. complete waiver (which could have the problems you mentioned above)
2. a licence covering just about anything you can think of with the  

The relevant legal code in the CCZero Waiver is:

"Should the Waiver for any reason be judged legally ineffective in  
any jurisdiction, the Affirmer hereby grants a free, full, permanent,  
irrevocable, nonexclusive and worldwide license for all her or his  
copyright and related or neighboring legal rights in the Work."


So despite ambiguity in the law in Chile about waiving rights, the  
approach could be to fully license them like above. This would both  
implement the Science Commons protocol and be a port for CCZero.

You could also write a waiver (I would think) given that the law has  
conflicting text on whether that is okay.  You don't have to take the  
prohibition as the legal standard -- you can argue that the law  
allowing it is the one that takes precedence.



Mr. Jordan S Hatcher, JD, LLM

jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net

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