implicit permissions re: Email Archive Request
Well, at least in the common-law jurisdictions the contractural waivers
will get significant weight. I think we can craft a narrow moral rights
exclaimer as well--blanket waivers can be problematic however. If the
author seeks to revoke their consent you get into the non-exclusive
rights analysis. If the author seeks to retract under moral rights you
can point to the case law requiring reinbursement, etc. in the
publisher/author cases.
One thing that concerns me about both the GPL and Open Source licenses
in general is that there's undue focus on their treatment under U.S.
law. We need to consider hte international implications carefully as
well, particularly where moral rights are concerned. (my view...)
sam th ---
This basically boils down to this: how do we know about that implicit
permission? Does it still hold if the author denies it?
Unfortunately, I suspect this is unanswerable without a court. :-(
Still, we shouldn't take his messages out of the archives.
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