Can you alter the MIT license? (1)

Ian Grigg iang at systemics.com
Wed Nov 17 17:18:04 UTC 1999


> In English this is often called ``moral rights.''  Moral rights do not
> exist in English and American law.  They exist in French law, and
> presumably German law.  I have no idea whether they will exist in EU
> law.

I was told that moral rights are coming into affect
("ascension") some time soon in the UK.  I can't find a
reference to this, so I may be confused with something
else; especially as all commentary I've found indicates
that it doesn't apply in UK, although there are many who
want it.  Regardless, it seems as though it will happen
in the UK, as the Commission is keen on it.

Here is a reasonable definition, albeit with qualification:

    http://www.softwareprotection.com/body.htm

    A number of countries, and the EU Software Directive
    as well, also recognize "moral rights," which may
    include

         * the right to be known as the author of the
           work (right of paternity),

         * the right to prevent others from distorting
           the work (right of integrity),

         * the right to control publication of the work
           (right of disclosure), and

         * the right to withdraw, modify, or disavow a
           work after it has been published (right of
           withdrawal).

    Moral rights protection reflects the view that the
    individual, not only the work, is to be protected.
    The scope of these rights varies among the countries
    that protect moral rights of authors. The Berne
    Convention recognizes only the first two moral rights
    above.

These rights are not accepted in the US, even though the
US is a signatory to the Berne convention.  This would
explain the absence of consideration amongst licensing
people (Open Source, Free Software) for the issue, as
the movement is substantially US-oriented.  This would be
unfortunate, as there are a number of issues that are
going to have quite interesting ramifications for open
software licences.

iang



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