On 05/11/2016 01:17 PM, al3xu5 / dotcommon wrote: > Il giorno martedì 10/05/2016 14:01:42 CEST > Erik Moeller <eloque...@gmail.com> ha scritto: > >> 2016-05-10 11:08 GMT-07:00 al3xu5 / dotcommon <dotcom...@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 >