I've actually been doing a lot of research on the history of copyright law on-wiki - see http://en.wikipedia.org/wiki/User:Ironholds/statute for example - and I've been focusing on the Berne Convention, later on. The rationale for encyclopaedias (something that is not just common law, but in some nations, statutory) is essentially that; encyclopedias contain thousands of tiny, two-line long articles, and attribution is a bitch.
On 14 December 2011 06:09, Ryan Kaldari <rkald...@wikimedia.org> wrote: > Sorry about the confusion. I was talking most recently about the GFDL, > which does not mention moral rights. CC-BY-SA does mention moral rights > (to state that it does not affect them). Interestingly, the U.S. port of > the CC-BY-SA license does not include a disclaimer about moral rights, > but this is irrelevant since the WMF uses the unported license, not the > U.S. version. The unported license is designed to be legally useful in > as many countries as possible, and during the 4.0 draft process they are > hoping to improve this aspect of the license. From everything I've > heard, Creative Commons is hoping to move away from ported licenses, as > these have been a major headache for everyone, especially in regards to > license compatibility. The idea to have numerous localized Terms of Use > for Wikipedia (based on the laws of each country) is an interesting > idea. It would probably be a nightmare to maintain, but we've managed > worse. I would love to hear Geoff's thoughts on this. > > Getting back to your original point, I suppose it's true that the Terms > of Service could affect the protection of moral rights (in certain > countries), even if the license explicitly doesn't. However, after doing > more research into this, it looks like it's a moot issue. Moral rights > (per Common law) are for the protection of literary and artistic works, > not factual reference works. Works like encyclopedias, dictionaries, > newspaper articles, etc. are not covered by moral rights. I imagine the > reasoning behind this is that such works entail a minimum degree of > creative "authorship" and are often published without attribution. If > I'm mistaken in this conclusion, please let me know. > > Ryan Kaldari > > On 12/13/11 7:56 PM, Jussi-Ville Heiskanen wrote: > > On Tue, Dec 13, 2011 at 11:37 PM, Ryan Kaldari<rkald...@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. > > > > > > _______________________________________________ > foundation-l mailing list > foundation-l@lists.wikimedia.org > Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l > -- Oliver Keyes Community Liason, Product Development Wikimedia Foundation _______________________________________________ foundation-l mailing list foundation-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
