[Fedora-legal-list] Re: The FPCA’s “Moral Rights Clause Waiver” should be updated for CC BY-SA 4.0

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On Thu, Aug 26, 2021 at 9:35 PM Matthew Miller <mattdm@xxxxxxxxxxxxxxxxx> wrote:
>
> On Thu, Aug 26, 2021 at 03:40:42PM -0400, Richard Fontana wrote:
> > > That sounds like a clerical update rather than actually any policy change,
> > > so presumably we can just make the edit without sending out new
> > > announcements, etc?
> >
> > Makes sense to me, but that's probably a question for the Fedora Council. :-)
>
> Fair, so let me return a question to you. :) The change to be made would be:
>
> 1. Remove the clause "supplemented by Moral Rights Clause Waiver and GPL
>    Relicensing Permission" where that appears, and
>
> 2. the whole paragraph defining "Moral Rights Clause Waiver", and
>
> 3. replace "Creative Commons Attribution ShareAlike 3.0 Unported" in the FAQ
>    with "Creative Commons Attribution-ShareAlike 4.0" where it appears, and
>
> 4. entirely remove the question in the FAQ referring to that clause.

Yes, but the "GPL Relicensing Permission" part was there for unrelated
reasons. I would remove that since (a) Creative Commons has declared
CC BY-SA 4.0 as one-way compatible with GPLv3, even though the
"Permission" in the FPCA covers a larger range of licenses, and (b)
this probably added more complexity than actual benefit. I doubt a
single question about reuse of CC BY-SA "content" in a GPL-licensed
work has come up in the years since the introduction of the FPCA. If
it were to come up, it could be dealt with on a case by case basis.

> Is there anything we need to do to note that for content to which the old
> default license applies, the 4d waiver was waived? Or can that just be a
> matter for the archives in the unlikely event it ever comes up?

I would leave it to the archives. It was a highly obscure point when
it was introduced and was essentially embedding a criticism of a flaw
in the 3.0 series of CC licenses into the FPCA, perhaps unjustifiably.

Richard
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