I suppose we could add a disclaimer saying that the Terms of Use do not affect the editor's moral rights, although this would be a bit redundant since the CC-BY-SA license already states this.
Ryan Kaldari
On 12/12/11 12:42 PM, Maggie Dennis wrote:
On Mon, Dec 12, 2011 at 11:14 AM, Teofiloteofilowiki@gmail.com wrote:
Le 11 décembre 2011 19:02, MZMcBridez@mzmcbride.com a écrit :
Hi.
The "Terms of use" rewrite is starting to wind down. The current draft is here:https://meta.wikimedia.org/wiki/Terms_of_use.
From the point of view of Continental Europe, where creators enjoy advanced copyright laws which protect their attribution right, I think this implementation of the - creator belittling - US copyright law on Wikimedia projects is a disgrace. What the licensing section of this draft terms of use is saying is that the WMF simply disregards the attribution rights which are granted by law in their countries. It is humiliating.
By the clever use of attribution licenses, there was a way to conciliate continental European laws and US or British laws. The WMF decides not to do so, and to stubbornly push the US-copyright law point of view. It is a pity.
Perhaps the WMF should not have relied on a US lawyer alone. Perhaps a team associating a US lawyer with a continental Europe lawyer would have been better.
I just noticed that Geoff sent this a while back in response to the digest, forgetting to include the specific subject line. Don't want it overlooked, so I'm pasting it in here. Apologies to those who may wind up reading it twice. :)
@Teofilo. Thanks for your comments. The licensing and attribution
requirements in the proposed Terms of
usehttp://meta.wikimedia.org/wiki/Terms_of_use#7._Licensing_of_Contentare
intended to be exactly the same as the current Terms
of usehttp://wikimediafoundation.org/wiki/Terms_of_use. If you don't
believe that is the case, it would be most helpful if you could include
your comments on the discussion
pagehttp://meta.wikimedia.org/wiki/Talk:Terms_of_use,
so we can correct this. If it provides any comfort, I have lived 10 years
in Europe while working extensively with European legal issues. Indeed, I
was awarded the honor of Chevalier de l'ordre national du Merite by the
French government because of my abilities to bridge the differences between
U.S. and French law. And I also enjoyed studying European and
international law at the University of Strasbourg. That said, I'm always
open to suggestions to better improve my understanding of other cultures
and laws, and, for that reason, your participation on the discussion page
would be most welcome.