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  • From: Cory Doctorow <cory AT eff.org>
  • To: Rob Myers <robmyers AT mac.com>
  • Cc: cc-uk AT lists.ibiblio.org
  • Subject: Re: [Cc-uk] Issues and suggestions
  • Date: Fri, 30 Jul 2004 06:44:13 +0100

I think the existence of a right in Berne or elsewhere isn't necessarily grounds for its inclusion in a CC license. There are LOTS of things you're not allowed to do with a CC licensed work that aren't enumerated in the license (i.e., you're not allowed to use my work as part of your criminal enterprise). I think remaining silent on this score may be better than to call attention to them. If they must be enumerated, it would be better to enumerate them in an auctorial waiver of same (I, the author, surrender my moral rights) than an assertion.

The US's relationship with Berne is very uncomfortable and has always been incomplete -- first with the no-formalities requirement and then with the moral rights and other "author's rights."

On Jul 29, 2004, at 11:26 PM, Rob Myers wrote:

On 29 Jul 2004, at 22:16, Rob Myers wrote:

(e) The honour and reputation 5D/5E provisions. We have already had
problems with the Debian classification in relation to 5G and I am sure we
will have issues with these provisions as well. I will check how the German
License has dealt with this problem and get back to you.

One thing I don't think I mentioned before is that as well as these being above and beyond the CC-2.0 requirements they can be used by mischievous or egotistical contributors to wreak havoc on users.

But under the Berne convention authors have a right of Integrity as well as paternity:

Article 6bis of the Berne Convention recognizes the rights of “attribution” and “integrity.” This provision states that an author “shall have the right to claim authorship of the work [right of attribution] and to object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation [the right of integrity]”*

The US is a Berne signatory so it's curious CC-2.0 doesn't cover these rights (unless I've missed something or it doesn't need to under US law).

Incidentally, all the other English-language iCommons licenses do seem to be directy modified versions of the original US CC license.

- Rob.


* From http://aic.stanford.edu/jaic/articles/jaic36-02-006_3.html
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