On 7/20/07, Erik Moeller erik@wikimedia.org wrote:
CC representatives have already responded here on this list with a clear legal position that the moral rights clause does not add any new restrictions, and indicated that they would be willing to improve the wording in future licenses. What more can they do?
Their statements on the subject are certainly welcome, but they are not courts, and their "clear legal position" is at best a legal opinion. That they wrote the licences is not important, it is the courts who interpret and apply the words used.
The problem with the "except" clause is that the jurisdictions in which moral rights protection is weak do not really "permit" uses incompatible with moral rights, they just do not make unlawful those uses. Their laws are silent on the matter. Any law student can tell you that "lawful" is not the same as "not unlawful".
we (or a court, or anyone applying the licence)