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

[Aaron Wolf]

On 05/11/2016 01:17 PM, al3xu5 / dotcommon wrote:
> 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:
> 

That quote you just included seems precisely *not* to confirm your
interpretation. It says that because the waiving of rights isn't
possible, CC0 acts as a free public license. Thus, it does exactly what
we'd expect. In Italy, it will not work to waive rights, so the original
author will *retain* legal rights and the public will be granted
unlimited, automatic, free license from that rights-holder to use the
work. Thus, it's exactly what we want.

> --
> "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
>