[License-review] veto against Unlicence

[Pamela Chestek]

On 5/13/2020 2:53 PM, Russell Nelson wrote:
> I'm confused. Did you mean to say "a user would not have to defend a
> claim of infringement based on the ...." ?
>
> I think Thorsten's objection is based on France's moral rights.
> Perhaps we could suggest that the Unlicense contain a statement saying
> "In France, the concept of moral rights prohibits me from giving up my
> copyright in this work. Therefore, in France, this license gives you
> co-ownership of the copyright."
You're right, I was only thinking about economic rights (my US bias is
showing), but the question is still the same, which is why the clear
statement of the author's intentions would not defeat any claim of
wrongdoing no matter what the legal theory is.

But many, many licenses don't address moral rights, so I'm not sure why
this one is more problematic - other than Thorton's premise that the
license language is somehow entirely ineffective, making this situation
different.

The Unlicense exists and is fairly widely used, so it's not appropriate
to ask for amendment to it.

Pam

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com