Re: [OT] Droit d'auteur vs. free software?
--- "Thomas Bushnell, BSG" <tb@becket.net> からのメッセ
ージ：
> Arnoud Galactus Engelfriet <galactus@stack.nl>
> writes:
>
> > This approach means that authors will be forced to
> accept
> > any kind of modifications, even those that
> directly go against
> > their artistic wishes. The US system thinks this
> is OK since
> > you got paid. The European system thinks this is
> not OK.
>
> *Forced*? Forced exactly *how*? At gunpoint? In
> the US, and in
> Europe, a contract extracted at gunpoint is not
> valid.
> If the European public really thinks that these
> rights are important,
> then why would they be reluctant to sign contracts
> in which those
> rights are preserved to the artist?
Note US Courts choose not to enforce or allow voiding of
some contracts, as well.
There are considerations that as a matter of public policy
end up in exception lists. We care about protecting
gamblers; they care about their artists. :)
Also sometimers there are are economic arguments proferred
to support limitations, eg. Valuing and transacting for an
Artist's "integrity" or other interests in a work pose
high transaction costs, or suffer from Artists valuation
problems.
--
James Miller
jamiller@yahoo.co.jp
__________________________________________________
Do You Yahoo!?
Yahoo! BB is Broadband by Yahoo!
http://bb.yahoo.co.jp/
Reply to: