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Re: [OT] Droit d'auteur vs. free software?

Henning Makholm <henning@makholm.net> writes:

> Scripsit Thomas Bushnell, BSG
> > Henning Makholm <henning@makholm.net> writes:
> > > Of course they are. The fact that the author intends for his work to
> > > be free is made very explicit by applying the GPL to it. Since moral
> > > rights are about protecting the author's intentions with creating the
> > > work, there cannot, logically, be any conflict between moral rights
> > > and freedom.
> > Moral rights "protect" things even when they are *not* the author's
> > intention.
> Did you read the exact wording I posted? It very specifically protects
> exactly the author's intention. Nothing more. 

What if the author's intention is that anyone do whatever they want
with the work, and explicitly says "I hereby waive any of my so-called
moral rights"?

In that case, his heirs can *still* come back and say "no waiver is
possible", and "your modification of the work makes his artistic
integrity look bad", and it will be their judgment and the court's
that controls.

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