This thread is at a bit too theoretical a plane for me to follow in detail.
(As it happens, I'm a lawyer, but of course not a French lawyer.) Can
someone give a specific instance (theoretical or historical) where the
assertion of droit moral as applied to wiki content beyond what is expressly
preserved in the license would actually come up as a practical matter? In
my experience, most assertions on-wiki of moral rights have been in the
context of editing disputes, but I know there is a deeper philosophical and
legal issue involved here than occasional passing legal threats.
FWIW, there is some discussion of a related issue in an arbitration decision
I wrote (RfAr/Alastair Haines 2). Basically, what we said was that
submitting one's work to Wikipedia, by the very nature of our collaborative
editing process, means that one is surrendering the ability to preserve the
work intact to a greater extent than by submitting it elsewhere. If one
believes it's important that one's writing be presented as submitted,
without change, then Wikipedia is not the right forum for it, regardless of
the merits of the content.
Newyorkbrad
On Fri, Mar 4, 2011 at 8:27 AM, Arlen Beiler <arlenbee(a)gmail.com> wrote:
Next thing these people will shutdown wikipedia
because the french law says
impre*scriptible*, and they will say that because wikipedia uses JS and so
is scriptable, it shouldn't be around. What don't you like about the
licence
anyway? It is my opinion that the laws of the most influentual country
apply
on the wiki served by it. You can't expect English Wikipedia to respect
Japanese laws, can you? Probably 90% don't even know Japanese, let alone
live in Japan. The same goes for French and every other one, though the
percentages will obviously vary.
On Fri, Mar 4, 2011 at 8:14 AM, Teofilo <teofilowiki(a)gmail.com> wrote:
2011/3/4 Teofilo <teofilowiki(a)gmail.com>om>:
2011/3/4 Teofilo <teofilowiki(a)gmail.com>om>:
(...)
(3) For example Spanish copyright law article 14
"derechos
irrenunciables e inalienables (...) Exigir el reconocimiento de su
condiciĆ³n de autor de la obra"
http://civil.udg.es/normacivil/estatal/reals/Lpi.html
They are also provided an international recognition in the Berne
Convention Article 6bis : "Independently of the author's economic
rights, and even after the transfer of the said rights, the author
shall have the right to claim authorship of the work 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."
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P123_20726
See also the Japanese copyright law article 19 "the author shall have
the right to determine whether his true name or pseudonym should be
indicated or not, as the name of the author, on the original of his
work or when his work is offered to or made available to the public.
The author shall have the same right with respect to the indication of
his name when works derived form his work are offered to or made
available to the public"
http://www.cric.or.jp/cric_e/clj/cl2_1.html#cl2_1+SS2
coupled together with article 59 "Moral rights of the author shall be
exclusively personal to him and inalienable." Inalienable means they
can't be either sold or waived.": incapable of being alienated,
surrendered, or transferred "
http://www.merriam-webster.com/dictionary/inalienable
http://www.cric.or.jp/cric_e/clj/cl2_2.html#cl2_2+S5
So it is not just a crazy French or European thing. How can so many
countries' legislatures be wrong ?
Until the 2009 license change, there was a narrow path with GFDL,
enabling to build Wikipedia in each country without breaking too many
laws (1). But with the 2009 license change, WMF is behaving like a
bull in a china shop.
(1) Even if you did everything right with Moral Rights, the French law
is still broken in a couple of places. But this is not a scoop.
Remember what Lawrence Lessig said about German law in
http://wikimediafoundation.org/wiki/Wikimedia_Quarto/2/En-5
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