[Foundation-l] "Terms of use" : Anglo-saxon copyright law and Anglo-saxon lawyers : a disgrace for Continental Europeans

Wed Dec 14 03:56:46 UTC 2011

On Tue, Dec 13, 2011 at 11:37 PM, Ryan Kaldari <rkaldari at wikimedia.org> wrote:
> On 12/13/11 12:14 PM, Jussi-Ville Heiskanen wrote:
>> Using an URL does allow the semblance of attribution, but does not
>> fulfil the legal requirements of moral rights. I find it mildly
>> distasteful, that
>> other jurisdictions laws are referred to as "exceptions for various cases",
>> when CC itself has committed itself to better internationalisation in its
>> 4.0 version.
>
> Actually, I was suggesting the opposite: that in many cases (in the GFDL
> days) we carved out exceptions (unofficially) to allow people to reuse
> our content without meeting the full requirements of the license (much
> less the moral rights requirements).

If it is unofficial, it sounds a bit grandiose to term the action as "carving
out". English language usage would be to use the phrase "turn a blind eye".

And "if" as you previously claimed, the moral rights requirements are implicit
in the full licence requirements, why would you argue that stating them
in the TOS is redundant, but now seem to imply that the moral rights are
more stringent than the licence. Either moral rights are contained in the
licence, or not. I really hope 4.0 brings clarity, and also that WMF will go
forward from an unported licence to a fully internationalized TOS
implementation, the sooner the better.

-- 
--
Jussi-Ville Heiskanen, ~ [[User:Cimon Avaro]]