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[John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de>]

well well, I guess we will deal with this topic also if the other
workshop proposal 'wins'  ;-)  maybe we should not get into workshop
campaigning while discussing real problems.
Anyway, a discussion in autumn might even be a bit late for this. Is it
on the agenda for the conference in June?

Getting to the point:

The only possible solution under monistic systems with strong moral
rights would probably be an assertion to never claim and enforce any
unwaivable right in the work.

Unfortunately courts won't be readily willing to uphold such an
auxilliary construction designed to circumvene non-dispositive law. But
it would be worth a try. The question is, can CC0 as a construct live
with "worth a try (but might turn out not to work)"? I'm not so sure.

Greetz from Berlin,
John




Paul Keller schrieb:
> Dear Alek,
> thanks for raising this issue. i do agree that we need to discuss this  
> in more detail and that was exactly why i proposed a communia workshop  
> on this issue (formulated much more broadly, but the core of the  
> workshop would boil down to this discussion). i am not sure when  
> communia will vote on the two workshop proposals that have been made  
> (juan carlos has indicated that this will happen fairly quickly) but  
> if our proposal 'wins' than we will adress this question in the  
> workshop.
> all the best,
> paul
> 
> 
> 
> On 17 Apr 2008, at 16:43, Alek Tarkowski wrote:
>> Dear all,
>>
>> I am writing in regard to Mike's announcement of the discussion around
>> CC0 waiver. In Poland such a waiver (that is, a public domain
>> dedication) is not possible by law, I imagine the situation might be
>> similar in other European countries as well.
>>
>> Somehow this has not been addressed on our list - and I feel uncertain
>> doing it myself, as I am not a lawyer! But personally I would like to
>> know what can be done - is this a good opportunity for us to look for
>> other solutions that would allow such waiving? or to clarify the fact
>> that this is indeed impossible in some jurisdictions?
>>
>> Cheers,
>>
>> Alek
>>
>> -- 
>> koordynator / public lead
>> Creative Commons Polska / Poland
>> http://creativecommons.pl
>> skype: alektarkowski
>>
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