Re: [lp-ca-on] licenses

[Bob Jonkman]

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Daniel Villarreal quoted:

> `"Moral Rights Clause Waiver" means a waiver of the right to
> enforce, and an agreement not to assert, Section 4d of CC-BY-SA
> against the Fedora Community, to the fullest extent permitted by
> applicable law.'

I had always thought that moral rights could not be waived in Canada,
but that was apparently changed in 1985[1].

Certainly, I'd object to any requirement to waive moral rights, and
even to assign copyright. I've crossed out those clauses and
renegotiated contracts to ensure I retain copyright on any code I
create while doing SysAdmin work, because I want to reuse any tools I
create in future work.

My favourite example that illustrates moral rights: In the Toronto
Eatons Centre there's a sculpture suspended from the ceiling depicting
flying geese coming in for a landing. During one Christmas season in
the early 1980's the Eatons Centre decorated the geese in the
sculpture. I'd heard that they hitched a sleigh to the geese and put a
red nose on the front goose, but Wikipedia tells me it was only
ribbons on their necks[2]. At any rate, the artist sued saying it
damaged the integrity of the work and distorted the intent. He won,
setting a precedent for the affirmation of an artist's moral rights
(which was later watered down by that legislation from 1985).

- --Bob, who is not a lawyer.


[1] http://laws-lois.justice.gc.ca/eng/acts/C-42/page-4.html#h-8

[2] https://en.wikipedia.org/wiki/Snow_v_Eaton_Centre_Ltd


- --
Bob Jonkman <address@hidden>          Phone: +1-519-635-9413
SOBAC Microcomputer Services             http://sobac.com/sobac/
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On 2016-04-08 02:31 PM, Daniel Villarreal wrote:
> Thanks, Matt,
> 
> On 08/04/16 11:55 AM, Matt Lee wrote:
>> Free Culture? 12 year old movement. 
>> https://en.wikipedia.org/wiki/Free_Culture_(book)
> 
> Thanks. I'm seeing this mentioned quite a bit here in Canada.
> 
> 
>> I don't see what restrictions Red Hat is placing on you?
> 
> (keep the following on one line) 
> https://fedoraproject.org/wiki/Legal:Fedora_Project_Contributor_Agreemen
>
> 
t
> --- begin quote ---
> 
> "Current Default License", with respect to a Contribution, means
> (i) if the Contribution is Code, the MIT License, and (ii) if the 
> Contribution is Content, CC-BY-SA supplemented by Moral Rights
> Clause Waiver and GPL Relicensing Permission.
> 
> ""CC-BY-SA" means the Creative Commons Attribution-ShareAlike 3.0 
> Unported license, as published at 
> <http://creativecommons.org/licenses/by-sa/3.0/legalcode>."
> 
> "... CC-BY-SA supplemented by Moral Rights Clause Waiver..."
> 
> `"Moral Rights Clause Waiver" means a waiver of the right to
> enforce, and an agreement not to assert, Section 4d of CC-BY-SA
> against the Fedora Community, to the fullest extent permitted by
> applicable law.'
> 
> --- end quote ---
> 
> 
> http://creativecommons.org/licenses/by-sa/3.0/legalcode --- begin
> quote --- 4. Restrictions. The license granted in Section 3 above
> is expressly made subject to and limited by the following
> restrictions: ... d. Except as otherwise agreed in writing by the
> Licensor or as may be otherwise permitted by applicable law, if You
> Reproduce, Distribute or Publicly Perform the Work either by itself
> or as part of any Adaptations or Collections, 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. Licensor agrees that in those jurisdictions (e.g.
> Japan), in which any exercise of the right granted in Section 3(b)
> of this License (the right to make Adaptations) would be deemed to
> be a distortion, mutilation, modification or other derogatory
> action prejudicial to the Original Author's honor and reputation,
> the Licensor will waive or not assert, as appropriate, this
> Section, to the fullest extent permitted by the applicable national
> law, to enable You to reasonably exercise Your right under Section
> 3(b) of this License (right to make Adaptations) but not
> otherwise.
> 
> 
> Section 3(b) follows... '3. License Grant. Subject to the terms and
> conditions of this License, Licensor hereby grants You a worldwide,
> royalty-free, non-exclusive, perpetual (for the duration of the
> applicable copyright) license to exercise the rights in the Work as
> stated below:
> 
> b. to create and Reproduce Adaptations provided that any such 
> Adaptation, including any translation in any medium, takes
> reasonable steps to clearly label, demarcate or otherwise identify
> that changes were made to the original Work. For example, a
> translation could be marked "The original work was translated from
> English to Spanish," or a modification could indicate "The original
> work has been modified.";'
> 
> --- end quote ---
> 
> I'm no lawyer, attorney, barrister, or solicitor... but when I'm
> asked if I want to give up my rights, I want to really understand
> what is involved.
> 
> I will research this more.
> 
> 
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