Hi Terry,
imho the restriction "BY" is not only there to
enforce parts of the
European moral rights (don't want to open debate on
principles...) , but
is due to a analogy to open source licensing, where
attribution is a
very important part of participation. You join, you
contribute and thus,
you are named. It is an (=one of more) incentive for
contributing...
Cheers,
Karl
Terry Hancock schrieb:
> 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
>
>
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