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cc-licenses - Re: New version of Debian summary of Creative Commons 2.0 licenses

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Subject: Development of Creative Commons licenses

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  • From: Daniel Carrera <dcarrera AT math.umd.edu>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: New version of Debian summary of Creative Commons 2.0 licenses
  • Date: Sun, 3 Apr 2005 18:21:25 -0400

Evan Prodromou wrote:

> > "2. **Waive attribution after request to remove references**.
> >
> > In a country with "moral rights" this would not be possible and
> > would in fact be an illegal clause.
>
> If a request to remove attribution can effectively take away the
> licensee's right to distribute the work, then the work isn't free.

In a country with "moral rights", what happens if an author asks to remove
references? AFAIK, the ability to request references removed is supposed to
be a "moral right". Now, here drew is saying that removing a request for
attribution is not permitted by "moral rights".

It seems strange to me that those countries would have a natural dead lock
like that. Does this mean that in France any author can freeze the
distribution of any work he particpated in, regardless of other agreements?
That just /can't/ be right. It would allow any employee to kill the company
he works for if he doesn't like his pay raise.

There /must/ be some way that moral rights avoid this dead-lock. I suggest
someone find out what that is. Because whatever it is, holds the key to
solving this conflict here.

Cheers,
--
Daniel Carrera | I don't want it perfect,
Join OOoAuthors today! | I want it Tuesday.
http://oooauthors.org |




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