[Cc-ca] Response to Russell

Jason Young jyoung at lexinformatica.org
Tue Jul 20 03:26:03 EDT 2004


I agree with Russell in the broad strokes. The primary purpose behind 
CC was to give creators an alternative to the default "All rights 
reserved" without having to either hire a lawyer or become experts in 
copyright themselves. By providing user friendly, yet legally sound 
alternatives to "All Rights Reserved" the licence helps promote a new 
legal norm of direct appropriation coincident with or at least 
complimentary to the capabilities of digital information and 
communications technologies to empower sharing.

Setting the default for moral rights to "All Rights Reserved" would 
seem to fly in the face of the spirit of CC and the purpose for the 
iCommons Canada port. I think if we're going to set defaults, it 
should be the least restrictive and not the reverse. The default in 
statute is restrictive enough (though the caselaw is sparse); we 
don't need to repeat the statute in the licence.

Cheers,

Jason
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Gowling LaFleur Henderson Fellow
LL.M. (Candidate) in Technology and Law
Faculty of Law - University of Ottawa
jyoung at lexinformatica.org 613.231.2263
PGP KeyID 0x46E11518

http://www.commonlaw.uottawa.ca/tech/
http://www.lexinformatica.org
http://www.cippic.ca

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