[Commons-l] CC by 3.0 not allowed on Commons?

Fruggo fruggo at gmail.com
Sat Jul 14 18:33:13 UTC 2007


Maybe under UK law it is possible to waive moral rights, but under Dutch law
it isn't.

The restrictions those inalienable moral rights place on what you can do
with the work aren't any different from the restrictions Dutch (and other
countries) laws place on the use of the work. If those restrictions are the
reason to not accept 3.0, than we shouldn't accept any "free" pictures from
the Netherlands (and other countries), since the moral rights connected to
these "free" pictures can never be waived. Unless Dutch copyright law
undergoes some very drastic changes (which are not forseen in the nearby
future) for Dutch pictures 3.0 is the same as 2.5. For pictures under
2.5the Dutch law says that moral rights can't we waived, for
3.0 the Dutch law and the license say the moral rights can't be waived. The
result is the same; a 3.0 Dutch picture is not more unfree than a 2.5 Dutch
picture.

-Fruggo

On 7/14/07, geni <geniice at gmail.com> wrote:
>
> On 7/14/07, Samuli Lintula <samuli at samulilintula.net> wrote:
> > The world is not "free". Moral rights exist and make a large part of
> > Commons files unfree - whether we accept it or not. I think we should
> > accept it.
> >
>
> Under UK law it is posible to waive those rights.
>
> > BTW, why is it that requiring attribution (an inelianable moral right)
> is
> > considered free while requiring other inalienable moral rights is
> unfree?
>
> Because it doesn't really place restictions on what you can do with the
> work
>
> --
> geni
>
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