[Foundation-l] Moral rights

[Teofilo]

2011/3/4 Teofilo <teofilowiki at gmail.com>:
> 2011/3/4 Teofilo <teofilowiki at gmail.com>:
> (...)
>> (3) For example Spanish copyright law article 14 "derechos
>> irrenunciables e inalienables (...) Exigir el reconocimiento de su
>> condición de autor de la obra"
>>
>> http://civil.udg.es/normacivil/estatal/reals/Lpi.html
>>
>> They are also provided an international recognition in the Berne
>> Convention Article 6bis : "Independently of the author's economic
>> rights, and even after the transfer of the said rights, the author
>> shall have the right to claim authorship of the work and to object to
>> any distortion, mutilation or other modification of, or other
>> derogatory action in relation to, the said work, which would be
>> prejudicial to his honor or reputation."
>>
>> http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P123_20726
>>
>
> See also the Japanese copyright law article 19 "the author shall have
> the right to determine whether his true name or pseudonym should be
> indicated or not, as the name of the author, on the original of his
> work or when his work is offered to or made available to the public.
> The author shall have the same right with respect to the indication of
> his name when works derived form his work are offered to or made
> available to the public"
>
> http://www.cric.or.jp/cric_e/clj/cl2_1.html#cl2_1+SS2
>
> coupled together with article 59 "Moral rights of the author shall be
> exclusively personal to him and inalienable." Inalienable means they
> can't be either sold or waived.": incapable of being alienated,
> surrendered, or transferred "
> http://www.merriam-webster.com/dictionary/inalienable
>
> http://www.cric.or.jp/cric_e/clj/cl2_2.html#cl2_2+S5
>
> So it is not just a crazy French or European thing. How can so many
> countries' legislatures be wrong ?

Until the 2009 license change, there was a narrow path with GFDL,
enabling to build Wikipedia in each country without breaking too many
laws (1). But with the 2009 license change, WMF is behaving like a
bull in a china shop.

(1) Even if you did everything right with Moral Rights, the French law
is still broken in a couple of places. But this is not a scoop.
Remember what Lawrence Lessig said about German law in
http://wikimediafoundation.org/wiki/Wikimedia_Quarto/2/En-5