[Foundation-l] Re-licensing

Mike Godwin mnemonic at gmail.com
Fri Jan 23 03:31:47 UTC 2009

Anthony writes:

> A legal right is recognized by law.  A moral right may not be.

This must be your own idiosyncratic application of the term "moral  
right."  In copyright, "moral rights" refers to inalienable legal  
rights that are recognized in law. If you are in a jurisdiction that  
does not recognize "moral rights," then you don't have them, by  

> Sure, but I'm not in a jurisdiction that indisputably recognizes the  
> right
> to attribution.

Okay, so why are you invoking rights that you don't have?

> Barring a license to use my content in that way, sure.  Just like a  
> film
> director has a basis to demand "the last solo credit card before the  
> first
> scene of the picture".

Excuse me?  Film directors don't have any legal right to such a  
"credit card" (I assume you mean "credit").  They may negotiate for  
such a credit through contract, but they don't have it in the absence  
of a contract.

>> So you're saying your legal rights are defined by "common sense"?
> To some extent, sure.  Not entirely by common sense, of course, but  
> legal
> rights can't be understood without employing common sense.

They can't be understood without knowledge of the law, either.


More information about the foundation-l mailing list