Re: License and legal concern about the W3C wiki content

Hello

2011/7/31 Karl Dubost <karld@opera.com>

> CC0 = no rights reserved.
> note that it doesn't solve everything (*)
>
> (*) It is not possible to put your work in public domain in France for
> example.
>

CC0 is possible in some ways in France. But it's necessary to understand the
way Intellectual property is define in France.

French Intellectual property is define in two part :

   1. First, we have what we call "Droit Moral". This is more or less what
   we could call "Attribution Right". This is the right for a creator to claim
   the paternity of his creation. And, more important, it's also the right to
   deny to others the opportunity to claim a false paternity over his own
   creation. This right is indisputable and can not be avoid, even by the
   creator himself (and even after his death!) once his paternity is set. So,
   in France, even if someone put his creation under a CC0 license he can't
   loose this right.
   2. Second, we have what we call "Droit fiduciaires". This is the part
   where we talk about money ;) In France, any creator can expect some money
   for his creation work but this right can be sold or given to a third party.

For exemple, as a web site creator for a Web agency, nor my boss, nor my
client can deny me the right to claim that I made my client's web site. But,
my boss pay me to do it so he earn the right to make money with it (and sell
this right to my client) without any further rght from me to ask for more
money, whatever my client do with my creation (even if he earns billions on
the currency of your choice with my creation).

So under the French law CC0 means that a creator can still claim his
paternity over a creation (and no one else can) but said that no one has to
pay to use his creation ;) More precisely, he say that no one can forbid
someone to make money with his creation even himself.

It's due to this point of "Droit Moral" that it's usualy said that "it's
impossible to put a creation under a true Public Domain license in France".
-- 
Jeremie
.............................
Web : http://jeremie.patonnier.net
Twitter : @JeremiePat <http://twitter.com/JeremiePat>