[Foundation-l] Clarification to existing resolutions

Erik Moeller erik at wikimedia.org
Wed May 16 17:13:51 UTC 2007


On 5/16/07, David Gerard <dgerard at gmail.com> wrote:
> > Only if the license establishes restrictions _beyond_ the existing
> > moral rights. If it merely recognizes whichever rights a jurisdiction
> > grants, I do not see an issue with it.

> The text of the license appears to claim such rights outside said jurisdictions.

It does not do so in the ported licenses for the jurisdictions that do
not have moral rights. And in the unported version, it uses the
clause:

"Except as otherwise agreed in writing by the Licensor _or as may be
otherwise permitted by applicable law_ .."

(Emphasis mine.) I understand this to at least be _intended_ to
restrict the scope of the moral rights claims that follow. Whether it
does sufficiently accomplish that is  open to debate.

> As lovely people as they may or may not be, CC's interests are not our
> interests.

Of course the idea that lawyers could build a social movement hasn't
played out that well. But perhaps that was to be expected. ;-)

View CC as a pro bono law firm, not as a social movement. When you
have a problem with a document your lawyer gives you, you talk to
them.

-- 
Peace & Love,
Erik

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