On 6/3/07, Mike Linksvayer ml@creativecommons.org wrote:
http://wiki.creativecommons.org/Version_3#International_Harmonization_.E2.80...
The key is probably
[European] courts would take a dim view of a license that did not expressly include [moral rights].Note that the 3.0 US jurisdiction licenses do not contain this language, see http://creativecommons.org/licenses/by-sa/3.0/us/legalcode http://creativecommons.org/licenses/by/3.0/us/legalcode
Yes but English and Welsh law allows you to waive your moral rights. Yet no attempt has been made to try and utilise that clause.
In addition the adoption of free software to at least an extent by various European governments means that failing to fix that situation if it were to arise would be monumentally stupid.