[Foundation-l] Clarification to existing resolutions

Ray Saintonge saintonge at telus.net
Thu May 17 09:45:57 UTC 2007

David Gerard wrote:

>On 16/05/07, Erik Moeller <erik at wikimedia.org> wrote:
>>* Paragraph 1 of Resolution:Licensing policy is clarified: The
>>licensing policy does not apply to any inalienable moral rights
>>associated with a work.
>Does it apply to moral rights codified in a licence, e.g. some of the
>CC 3.0 licenses? Are those free-enough or not? There's lots of
>discussions on Commons talk:Licensing, but surely a Commons talk page
>shouldn't be setting WMF-wide policy on such a matter.
It seems that introducing "inalienable moral rights" into our rules 
opens up a really be can of worms.  The views on this concept in the 
English and non-English speaking are heading in opposite directions, and 
also involve where the different legal systems are heading in opposing 
directions.  Although they tend to be legislated in association with 
copyrights they are different. 

We often speak of having our content be free in the economic sense of 
copyright, and to have that freedom applicable in as many countries as 
possible.  I think that the freedom to modify is an integral part of 
that policy.  A regime where American users can modify a work, but where 
Europeans are not even allowed to permit modification of their own work 
is not free at all.  I would prefer that we make it clear that uploading 
implies licensing the right to modify.

Until there is considerably more clarity about moral rights we would do 
better not to introduce that term in our policies at all.


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