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

[David Gerard]

On 14/07/07, Fruggo <fruggo at gmail.com> wrote:

> Is that a relevant question? We're talking about the applicable law, not if
> it can be enforced. Whether it can or cannot be enforced in country X
> shouldn't be decisive to the decision to do or do not break the law.


Geni has a tendency to go off on apparently querulous tangents; please
don't feel obligated to follow.

The problem with the CC 3.0 licences is that they add moral rights
restrictions that read as though they're applicable in countries which
don't have said restrictions in law. This is a usage restriction,
hence not a free licence.

In addition, what if the moral rights legislation in the countries in
question were to be weakened? This would mean the licence was
specifying restrictions that were not in the law of the country the
licence variant was supposedly tweaked toward.

The "for any purpose" of a free licence necessarily implies "for any
legal purpose", which means a CC 2.5 licence would not somehow mean
one was free of legal obligations regarding moral rights.


- d.