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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 12:41:17 +0100

Rob Myers skrev:
This is a community discussion. Everyone on there?

On 24 Mar 2005, at 22:47, Peter Brink wrote:

When two people agree upon something that agreement is a legally speaking a contract. No open source license is anything else but a contract.


American law disagrees with you:

[snip ...]

Other jurisdictions may well differ.

They do... AFAIK in most of Europe Open Source/Content licenses are contracts and are therefore governed by contract law.

the fact that there is room for creativity when writing source code doesn't mean that such possibilities are used. Functions, procedures and methods run a real risk of not being copyrightable, simply because they do tend to contain expressions which are purely functional.


Code (program listings) is a form of writing, that is what makes it copyrightable.


Written expressions that are purely functional are still not copyrightable.


/Peter Brink





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