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cc-licenses - Re: [cc-licenses] just share alike

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Subject: Development of Creative Commons licenses

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  • From: Javier Candeira <javier AT candeira.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] just share alike
  • Date: Thu, 26 Apr 2007 11:09:43 +0200

Erik Moeller wrote:
> There is still the 1.0 CC-SA license:
> http://creativecommons.org/licenses/sa/1.0/
>
> I believe CC phased it out of their official repertoire because
> a) very few people did not ask for attribution
> b) under moral rights jurisdictions, it's impossible to relinquish
> that right (see http://en.wikipedia.org/wiki/Moral_rights )

It is a common misconception, at least in Spanish law, which is a
Continental Law system with very strong moral rights modeled on the French.

Spanish moral rights include the right to demand attribution. Not the right
to have attribution no matter what. I would be surprised to find out that in
other jurisdictions it is a requirement, and not a right at the author's
discretion.

So if you explicity say "attribution not necessary", the licensee does not
have to attribute. This is my oppinion, IANAL, etc.

Javier Candeira




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