Re: Lawsuit over Virgin Mobile's and Ethical Use

Hi Terry,

In the implementation of the Greek CC licences, after
discussions with CC 
International, we have opted for the following clause in
section 4g of the 
CC_BY_NC_SA:

"Moral rights remain unaffected to the extent they are
recognized and are 
non waivable by applicable law."

I hope such wording addresses some of your concerns.

best,
pRo

----- Original Message ----- 
From: "Terry Hancock" <hancockanansispaceworks.com>
To: "Discussion on the Creative Commons license
drafts" 
<cc-licenseslists.ibiblio.org>
Sent: Tuesday, October 02, 2007 8:12 PM
Subject: Re: [cc-licenses] Lawsuit over Virgin Mobile's and
Ethical Use


> Jordan S Hatcher wrote:
>>>So I'm asking -- *is* that what happens with the
3.0 wording? Or is
>>>there some trick that I'm missing?
>>
>> See 8f.
>> 
http://creativecommons.org/licenses/by/3.0/legalcode
>
> Yeah, okay, here it is:
>
> """
> The rights granted under, and the subject matter
referenced, in this
> License were drafted utilizing the terminology of the
Berne Convention
> for the Protection of Literary and Artistic Works (as
amended on
> September 28, 1979), the Rome Convention of 1961, the
WIPO Copyright
> Treaty of 1996, the WIPO Performances and Phonograms
Treaty of 1996 and
> the Universal Copyright Convention (as revised on July
24, 1971). These
> rights and subject matter take effect in the relevant
jurisdiction in
> which the License terms are sought to be enforced
according to the
> corresponding provisions of the implementation of those
treaty
> provisions in the applicable national law. If the
standard suite of
> rights granted under applicable copyright law includes
additional rights
> not granted under this License, such additional rights
are deemed to be
> included in the License; this License is not intended
to restrict the
> license of any rights under applicable law.
> """
>
> So what's your opinion?
>
> Looks to me like it DOES assert moral rights in
non-moral-rights
> jurisdictions. Which is why I think it's a bad idea.
>
> Cheers,
> Terry
>
>
> -- 
> Terry Hancock (hancockAnansiSpaceworks.com)
> Anansi Spaceworks http://www.AnansiSpac
eworks.com
>
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