Re: Lawsuit over Virgin Mobile's and Ethical Use

Anirudh escribió:
> "...which would be prejudicial to the
> Original Author's honor or reputation...."
> 
> Subjective and prone to misuse, IMO.

Youīre right, but thatīs needed because in many laws there
are
protection for moral rights, such as in Spain:

Article 14.4 of spanish IP law: [1]

(Translated by me)

"Correspond to the author the following rights wich
cannot be renounced
and are inalienable:

4. To demand respect for work integrity and prevent any
deformation,
change, alter or attented against the work that could harm
authorīs
interestīs or reputation."

I agree itīs prone to misuse but it`s imperative in many
jurisdictions.

The problem is to determine what attempts against an author
reputation
in a "permision culture" where the work can be
used without previous
notification to the author.

Un saludo.

[1]http://noticias.juridicas.com/base_datos
/Admin/rdleg1-1996.l1t2.html#a14


> --Anirudh
> 
> On 9/28/07, * Jordan S Hatcher* <jordanopencontentlawyer.com
> <mailto:jordanopencontentlawyer.com>> wrote:
> 
> 
>     On 28 Sep 2007, at 18:32, paola.dimaiogmail.com
>     <mailto:paola.dimaiogmail.com> wrote:
> 
>     > Jordan
>     >
>     > how do you recommedn that can I use a cc
license, and prevent usage of
>     > my work in an unethical context? (whatever
defintion of unethical a
>     > licensor may have)
>     >
>     > I appreciate your advice
>     > cheers
>     > P
>     >
>     >
> 
>     Paola,
> 
>     I guess what I'm saying is that you _don't_ use a
cc licence with the
>     expectation that you stop 'unethical' uses.
> 
>     So for example, if you don't want the military to
use your work,
>     don't use a CC licence.
> 
>     You *may, depending on the context and the law in
the jurisdiction
>     where you are trying to enforce the licence, be
able to rely on the
>     right to object to derogatory treatment.
> 
>     This is in the unported licence (which isn't tuned
to ANY
>     jurisdiction) in 4c.
> 
>     "You must not distort, mutilate, modify or
take other derogatory
>     action in relation to the Work which would be
prejudicial to the
>     Original Author's honor or reputation."
> 
>     Note however that this right is present in a wide
variety of forms
>     (from virtually non-existent to strongly enforced)
throughout the world.
> 
>     Thanks!
> 
>     ~Jordan
> 
>     ____
>     Mr. Jordan S Hatcher, JD, LLM
> 
>     jordan at opencontentlawyer dot com
>     IP/IT Blog: http://twitchgamer.net
> 
>     Usage of Creative Commons by cultural heritage
organisations
>     <http://www.eduserv.org.uk/foundation/studies/cc2007>
> 
>     "The Impact of Free Trade Agreements on
Information Technology Based
>     Business"
>     <http://ssrn.com/a
bstract=984864>
> 
> 
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David Maeztu wrote:
> Youīre right, but thatīs needed because in many laws
there are
> protection for moral rights, such as in Spain:
> 
> Article 14.4 of spanish IP law: [1]
> "Correspond to the author the following rights
wich cannot be renounced
> and are inalienable:
> 
> 4. To demand respect for work integrity and prevent any
deformation,
> change, alter or attented against the work that could
harm authorīs
> interestīs or reputation."
> 
> I agree itīs prone to misuse but it`s imperative in
many jurisdictions.

Why is that imperative to include in the CC license?

According to what you write above, it will apply within
Spain, whether
the license mentions it or not (it isn't legal to remove
this right).

But if the clause is included in the CC license, then you
enforce this
oddity of European law onto Americans as well. Normally we
(in the US)
do not recognize the idea of "moral rights" in a
work (which is part of
our general theory that copyright is not a 'natural' right,
but rather a
state-granted monopoly on an otherwise free activity --
copying
information).

It doesn't seem to me that reflecting such
jurisdiction-specific
non-copyright laws is that helpful.

Cheers,
Terry

-- 
Terry Hancock (hancockAnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpac
eworks.com

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