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cc-licenses - Re: [cc-community] 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-community] Re: CC licenses and "moral rights"
  • Date: Tue, 29 Mar 2005 19:17:22 +0200

Greg London skrev:

look man, if your bias is such that you cannot separate
fact from fiction, then you're wasting my time.

It's painfully clear that you don't know what the facts are...


CC isn't forcing anyone to give up the commercial
rights to their work. They offer a license that
makes it easy for people to do that if that's
what they want to do.


Well, a basic requirement must be that those option remains within the bounds of the law.


Does European law tell me I cannot pick and
choose who gets rights to my work?

As an author you have control over your work. You do not however have complete "freedom of contract", there are a number of mandatory laws and rules which circumvent just what conditions and terms a contract may contain.

You may choose to exclude some people on the basis of their hair color if you like, you may not include a condition in a contract that suppresses a mandatory rule.


And, speaking for myself, any legal advice you
offer on the subject is highly suspect at
the moment. You clearly do not want it
and have prophesized the doom of CC if they
continue down this path.

So your bias does not give me cause to trust
that you are presenting a wholly objective
interpretation on the law around this subject.


Well, honestly, I don't care much if you don't like what I'm saying, and there's not much I can do if CC goes ahead and tries to construct a license which does what you suggest. I can only express my concerns.

/Peter Brink







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