[cc-community] Relicensing after cc-by-2.0 licence breach

Mia Garlick mia at creativecommons.org
Thu Mar 1 20:29:27 EST 2007


ah the ol' license v. contract debate...not sure that i understand  
how that is relevant to this discussion because even if it is a  
license, it still says in clause 7(a):

"This License and the rights granted hereunder will terminate  
automatically upon any breach by You of the terms of this License."

thus, if you no longer have permission to use if you breach the  
license terms.  however, the license contemplates that you may again  
secure permission from the licensor.

On Mar 1, 2007, at 2:12 AM, Paul Dixon wrote:

> Mia, I meant to pick on this in my earlier reply...
>
>> so the definition of "You" under the license contemplates that a
>> licensee may continue to use the work despite a previous violation
>> but it's kind of conditional on whether the licensor is agreeable to
>> that ...
> As I understand it, the licence doesn't form a contract, it is  
> simply an
> open agreement to everyone - if you abide by X, I'll let you do Y, and
> if you stop doing X, then you will have to stop doing Y too, or
> appropriate action can be taken under copyright law.
>
> I don't see that it is in any way conditional on the licensor  
> having to
> agree a licence again. One doesn't need normally need to reach  
> agreement
> with a licensor to exercise the CC licence terms.
>
> I'm interested in knowing the right answer here, irrespective of the
> questions about the motives of the licensor or whether we should or
> should not remove the pictures
>
> Paul.
>
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