[Foundation-l] RfC: License update proposal

[Jussi-Ville Heiskanen]

Ray Saintonge wrote:
> The only reason that "moral rights" is an issue is its inclusion in the 
> statutes of various countries.  It mostly stems from an inflated 
> Napoleonic view of the Rights of Man that was meant to replace the 
> divine rights of kings.  Common law countries have been loath to embark 
> in this direction.  Moral rights are mentioned in the US law, but only 
> as a toothless tiger.
>
> Ec
>
>   


I would actually be interested to get the background for
this interpretation of how moral rights came to happen
as a legal idea. If there are such references.

Particularly as the legal reasons in at least Finnish legal
manuals for laymen who have to deal with moral rights
seem to focus on the utility moral rights have in terms of
protecting the artisans reputation as being good at his
craft.

I have great difficulty understanding how the "right to examine"
could be traced to some grandiose "Rights of Man" basis,
since the argument presented for this particular moral right is
clearly grounded on protecting the artisan/artists ability
to examine their earlier work, to remind them self and
refresh their memory on methods they had employed on those
works, and thus enable them to not lose skills and methods
they had mastered in earlier days.


Yours,

Jussi-Ville Heiskanen