[License-discuss] [DISCUSS] PUWL v1.0 – P-EADCA Universal Waiver License

[Pamela Chestek]

I was distinguishing what a third party can do and what the author 
themselves can do. The license says "In jurisdictions where attribution 
or other moral rights cannot be fully waived, the author does not 
require their name to be displayed beyond the minimal extent required by 
applicable law." The question is what jurisdictions don't even allow the 
author to waive it, which is different from a legal obligation on the 
part of third parties to provide it.

And this is inconsistent: "In jurisdictions where attribution or other 
moral rights cannot be fully waived, the author ... consents to any use 
of all original material in this work without personal attribution 
wherever legally permitted ..." So where attribution cannot be waived, 
the author is nevertheless waiving it?

I was really just after some simplification of the moral rights 
paragraph - why not just say that the author waives all claims and leave 
it at that?

The phrase "to the fullest extent permitted by applicable law" is 
surplusage too; it goes without saying that's the extent to which it can 
be enforced.

Pam

Pamela S. Chestek
Chestek Legal
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com

On 10/6/2025 11:53 AM, Johnny A. Solbu wrote:
> On Monday 06 October 2025 20:45, Pamela Chestek wrote:
>> On 10/4/2025 2:59 PM, Balázs Hámorszky wrote:
>>> In jurisdictions where attribution or other moral rights cannot be
>>> fully waived, the author does not require their name to be displayed
>>> beyond the minimal extent required by law,
>> Are there jurisdictions that do not allow you to waive attribution?
> Yes, most of the countries in Europe do not allow you to sign away your right to be listed as the author.
> Any contract saying that you do this are null and void on this point.
>
> To use the CC licenses as the example, the «CC-by» is mandatory.
>
>
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