Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Saturday 26 March 2005 10:24 am, Henri Sivonen wrote:
> On Mar 26, 2005, at 16:42, Greg London wrote:
> > Henri Sivonen said:
> >> The author can waive the right, which (s)he according to this article
> >> has, in a binding way only if it concerns a use of the work that [the
> >> use, not the work] is limited in nature and extent."
> >
> > Sorry, too many "not's" got me confused.
>
> The only 'not' is in the note that is not part of the sentence itself.
> I could not twist the sentence to make it 100% clear that 'that' refers
> to 'use' and not 'work'.
>
> > The author can waive moral rights in a binding way only
> > for specific uses?
>
> Correct.
>
> > She can't do a blanket waiver?
>
> She can't.
>
> A clause in a contract of employment that stated that the employee
> waives her moral rights to all works produced in the course of
> conducting her responsibilities as an employee would be unenforceable.
>
> Likewise, a proclamation by an author that he waives the right to
> attribution for all the works he has created and will hereafter create
> would be non-binding.

The problem I think I and some others are having in wrapping our minds around 
this is not that an author cannot waive all moral rights for all times, but 
that I think someone in the thread has indicated that an author would not be 
able to waive the rights for this particular work and all derivatives only 
when used, say, with a CC BY-SA license.

I think it was indicated that even this waiver would be too braod to stand.

Now, especially with BY-SA, where would the coercion arise? Also, from 
something I have learned from these recent discussions, at least for the 
Finns, the BY would cover the paternity issue and we would only be left with 
the reputation issue. Is that the word that was used?

If indeed, that BY-SA waiver is too broad to hold, can someone give some 
examples of the broadest type of waivers that have held and that they believe 
will hold if they get to court.

all the best,

drew