Re: [libreplanet-discuss] Update on freeyourstuff.cc (content/user liberation)

[al3xu5 / dotcommon]

Il giorno martedì 10/05/2016 14:01:42 CEST
Erik Moeller <eloquence@gmail.com> ha scritto:

> 2016-05-10 11:08 GMT-07:00 al3xu5 / dotcommon <dotcommon@autistici.org>:
> 
> > Please note that (if I have well understood) in some countries (i.e. Italy)
> > copyright laws do not admit releasing a work as public domain unless after
> > many years since their creation: so CC0 might produce the same effect that
> > "all rights reserved"...
> 
> Hi al3xu5,
> 
> CC-0 exists precisely because saying "this is public domain" may not
> be enough in some legal systems. It has, for this purpose, a "public
> license fallback"; see section 3 of
> https://creativecommons.org/publicdomain/zero/1.0/legalcode

Hi Erik

Thanks for your clarification. Nevertheless I already knew this matter, but I
am not sure the fallback mechanism could work in every circumstance.

For example, as far as I know, the Italian copyright laws states that the
moral rights are eternal and not transferable, and that necessarily there must
be someone who holds the "economic" rights up to the expiration of the
"protection". So the final effect using CC0 might be legally uncleared and
uncertainly for an Italian author...

Besides also the CC0 FAQs at
https://wiki.creativecommons.org/wiki/CC0_FAQ#Does_CC0_really_eliminate_all_copyright_and_related_rights.2C_everywhere.3F
seem to confirm my interpretation:

--
"CC0 doesn’t affect two very important categories of copyright and related
rights. First, just like our licenses, CC0 does not affect other persons’
rights in the work or in how it is used, such as publicity or privacy rights.
Second, the laws of some jurisdictions don’t allow authors and copyright owners
to waive all of their own rights, such as moral rights. When the waiver doesn’t
work for any reason CC0 acts as a free public license replicating much of
intended effect of the waiver, although sometimes even licensing those rights
isn’t effective. It varies jurisdiction by jurisdiction.

While we can't be certain that all copyright and related rights will indeed be
surrendered everywhere, we are confident that CC0 lets you sever the legal ties
between you and your work to the greatest extent legally permissible."
--


> > In my opinion, it would be better allowing the very full list of CC
> > licenses, including the NC clause: subtracting user's stuff posted to any
> > supposedly "social" service from their commercial exploitation determines
> > more freedom than assuring compatibility with copyleft licenses...
> 
> I'd like to keep freeyourstuff.cc (the website) to be exclusively CC-0
> for now to keep licensing-related friction for re-users to a minimum.
> [...]

Thanks again for your clarification. 

Regards
-- 
al3xu5 / dotcommon
Say NO to copyright, patents, trademarks and any industrial design restrictions.