[GTALUG] legal history of university AUPs, was Re: For Chris: Commodore BASIC as a scripting language

Evan Leibovitch evan at telly.org
Tue Aug 27 11:27:53 EDT 2019


On Tue, 27 Aug 2019 at 10:07, D. Hugh Redelmeier via talk <talk at gtalug.org>
wrote:

>
> I imagine that moral rights could be useful in the open source world.
>

It's the most slippery of slopes but IMO a non-issue.

Consider the biggest philosophical difference between the
open-source/free-software worlds and the Creative Commons world.

Both the open source definition <https://opensource.org/osd> and the FSF
four freedoms <https://www.gnu.org/philosophy/free-sw.en.html> explicitly
disclaim restrictions on how code is used so long as the appropriate
copying/sharing provisions are maintained. Thus the mainly (but not
exclusively) European concept of "authors rights
<https://en.wikipedia.org/wiki/Authors%27_rights>" would be extremely
difficult to assert and would likely be seen within the broader community
in the same light as someone trying to embed patented code inside a FOSS
project.
By contrast, by far the most-implemented clause in Creative Commons
licenses is "no commercial use".
To me, this is a fatal flaw in CC and why it will never really take off, in
contrast to open source which is already mainstream. CC people are obsessed
with their work being abused or that someone other than the original author
would profit from a work, a completely different ethos from that behind
FOSS.


-- 
Evan Leibovitch, Toronto Canada
@evanleibovitch or @el56
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