2009/1/23 Mike Godwin <mnemonic(a)gmail.com>om>:
Anthony writes:
A legal right is recognized by law. A moral
right may not be.
This must be your own idiosyncratic application of the term "moral
right." In copyright, "moral rights" refers to inalienable legal
rights that are recognized in law. If you are in a jurisdiction that
does not recognize "moral rights," then you don't have them, by
definition.
The idea behind moral rights is that they are rights that everyone has
automatically and the law is just recognising that. If you are in a
jurisdiction that doesn't recognise moral rights then (from that POV)
you still have moral rights, the state is just immoral and doesn't
enforce them. There is a fundamental difference between a right
granted by law and a pre-existing right recognised by law. That
difference is irrelevant in a courtroom, which is probably why you
dismiss it, but there is a difference.