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  • From: "Andres Guadamuz" <a.guadamuz AT ed.ac.uk>
  • To: "'Cory Doctorow'" <doctorow AT craphound.com>, "'Rob Myers'" <robmyers AT mac.com>
  • Cc: cc-uk AT lists.ibiblio.org
  • Subject: RE: [Cc-uk] Legal Bugs Report+ToDo list
  • Date: Fri, 30 Jul 2004 16:01:35 +0100

Needless to say, allowing Germany be the ceiling is precisely what gave us
20 more years of copyright protection.

-----Original Message-----
From: cc-uk-bounces AT lists.ibiblio.org
[mailto:cc-uk-bounces AT lists.ibiblio.org] On Behalf Of Cory Doctorow
Sent: 30 July 2004 15:59
To: Rob Myers
Cc: cc-uk AT lists.ibiblio.org
Subject: Re: [Cc-uk] Legal Bugs Report+ToDo list


I think that we should be seeking under each legal system to make the
licenses as close to CCUS as possible -- letting Germany be the ceiling
instead of the floor is a mistake, IMO.

On Jul 30, 2004, at 3:56 PM, Rob Myers wrote:

> On Friday, July 30, 2004, at 03:39PM, Andres Guadamuz
> <a.guadamuz AT ed.ac.uk> wrote:
>
>> My recommendation in short, attribution right must be explicitly
>> asserted,
>
> This sounds right in order to match CC-BY. I read somewhere that BY's
> attribution clause has the effect of giving the paternity moral right
> in the US, which is a creative use of licensing.
>
>> derogatory treatment must be explicitly waived.
>
> IANAL but waiving integrity is more problematic. A.Metzger's talk on
> licenses linked from the CC Weblog is informative regarding this. You
> *can't* have a global waiver of moral rights in Germany, so there's a
> potential faultline between the US (where you can waive but which
> doesn't seem to care anyway), the UK (where you can waive) and Germany
> (where you can't).
>
> I agree with the problems you identify in giving integrity rights
> through the license as BY gives paternity rights. I do however believe
> that global compatibility is the most important aim regarding this, so
> integrity/non-derogation should be added to CC-2.0 and CC-UK. This is
> easier than reforming civil law in Germany and elsewhere, which is the
> only alternative I can see. :-)
>
> - Rob.
> _______________________________________________
> Cc-uk mailing list
> Cc-uk AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-uk
>

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