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["Andres Guadamuz" <a.guadamuz AT ed.ac.uk>]

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.
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