Development of Creative Commons licenses

[Karl Ebener <myonlyb AT vollbio.de>]

Hi Terry,

imho the restriction "BY" is not only there to enforce parts of the 
European moral rights (don't want to open debate on principles...) , but 
is due to a analogy to open source licensing, where attribution is a 
very important part of participation. You join, you contribute and thus, 
you are named. It is an (=one of more) incentive for contributing...

Cheers,
Karl

Terry Hancock schrieb:
> David Maeztu wrote:
>   
> > You´re right, but that´s needed because in many laws there are
> > protection for moral rights, such as in Spain:
> >
> > Article 14.4 of spanish IP law: [1]
> > "Correspond to the author the following rights wich cannot be renounced
> > and are inalienable:
> >
> > 4. To demand respect for work integrity and prevent any deformation,
> > change, alter or attented against the work that could harm author´s
> > interest´s or reputation."
> >
> > I agree it´s prone to misuse but it`s imperative in many jurisdictions.
> >     
>
> Why is that imperative to include in the CC license?
>
> According to what you write above, it will apply within Spain, whether
> the license mentions it or not (it isn't legal to remove this right).
>
> But if the clause is included in the CC license, then you enforce this
> oddity of European law onto Americans as well. Normally we (in the US)
> do not recognize the idea of "moral rights" in a work (which is part of
> our general theory that copyright is not a 'natural' right, but rather a
> state-granted monopoly on an otherwise free activity -- copying
> information).
>
> It doesn't seem to me that reflecting such jurisdiction-specific
> non-copyright laws is that helpful.
>
> Cheers,
> Terry
>
>