2007/4/20, Erik Moeller <erik(a)wikimedia.org>rg>:
On 4/20/07, Birgitte SB <birgitte_sb(a)yahoo.com> wrote:
Based on the definition [1] promoted by WMF, I
am
wondering if free content exists in France where moral
rights are inalienable, perpetual and inviolable.
Hello,
the licensing policy has been specifically formulated to avoid that
problem. It requires content to be under a Free Content License, which
is defined as "a license which meets the terms of the Definition of
Free Cultural Works _specific to licenses_". It does not require the
absence of impeding moral rights restrictions.
That said, I have always found it highly problematic that these rights
are inalienable in certain countries. Hopefully, future copyright
reforms can address this problem.
I have raised the same issue a year ago on fr.wp. After much reading, I
found at that time that, at least in France, although you can break a
distribution agreement (license are a multi-party aggreement for me, I am
not sure the laws follow me on this -IANAL too ;-) - ), you have to pay
indemnity when doing so, so is unlikely to happen without a real harm to
trigger it.
Jerome (Eden2004)