[Foundation-l] Re-licensing

Thomas Dalton thomas.dalton at gmail.com
Fri Jan 23 10:30:20 UTC 2009

2009/1/23 Mike Godwin <mnemonic at gmail.com>:
> 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
> definition.

The idea behind moral rights is that they are rights that everyone has
automatically and the law is just recognising that. If you are in a
jurisdiction that doesn't recognise moral rights then (from that POV)
you still have moral rights, the state is just immoral and doesn't
enforce them. There is a fundamental difference between a right
granted by law and a pre-existing right recognised by law. That
difference is irrelevant in a courtroom, which is probably why you
dismiss it, but there is a difference.

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