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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: Peter Brink <peter.brink AT brinkdata.se>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: CC licenses and "moral rights"
  • Date: Fri, 25 Mar 2005 11:55:58 +0100

Branko Collin skrev:
On 24 Mar 2005, at 13:35, Peter Brink wrote:


the license is a contractual agreement between the
licensor and the licensee.


Why do you say that? Do you have any proof for this? I have never heard of contracts that can be made by just one of the two parties involved. That would certainly set a most dangerous precedent.


There are loads of such contracts - insurances are a good example, shrinkwrap licenses are another.

There are specific rules for how unilaterally drafted contracts are interpreted under contact law, the reason is of course to protect the other, weaker, party who have had no way of influencing the language of the deed.

/Peter Brink






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