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cc-licenses - Re: CC licenses and "moral rights"

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Subject: Development of Creative Commons licenses

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  • From: Robin Millette <millette AT waglo.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: CC licenses and "moral rights"
  • Date: Thu, 24 Mar 2005 08:02:43 -0500

Peter Brink wrote:
Robin Millette skrev:


I would have to disagree as well. Software is covered by copyright in most jurisdictions (which is a little odd when you think about it, since copyright doesn't otherwise apply for functionnal creations, but I disgress). And the Free Software / Open Source licences are all designed to plug into copyright and allow greater rights then are permitted by default.


The licenses does not "plug into" copyright law, they "mask" it. Open Source/Content licenses are contractual arrangements which "masks" some of the features of copyright law and changes those features. To be able to legally issue a license one must be able to assert a copyright, but the license is a contractual agreement between the licensor and the licensee.

"plug in" was a bad choice of words. And thanks for the clarification about moral rights in Sweden :)

--
Robin Millette, aka oqp http://rym.waglo.com/wordpress/
http://www.cogitateurs-agitateurs.org/ - Cogitateurs Agitateurs




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