On 21/04/07, Delirium <delirium(a)hackish.org> wrote:
What is somewhat unclear to me is to what extent other
countries'
moral-rights legislation is enforceable outside their countries. Can it
be safely ignored by those in countries that lack such laws, much like
Turkey's laws against "insulting Turkishness" are ignored outside
Turkey, or is it worldwide in legal applicability? If the former it
presents less of a unique problem for free content---it's already the
case that free content's reuse is restricted in some ways in some
countries due to particular legislation, and we can't do a whole lot
about that.
The question is whether the author releasing a work under a free
content licence would constitute permission to remix under French
moral rights legislation. I suspect this would require case law. And
if the answer turned out to be "no," then no French citizen could
legally create a free content work, and Wikimedia would not be able to
have contributors from France. WMF may care to work very hard against
this eventuating.
- d.