[cc-community] Relicensing after cc-by-2.0 licence breach
drew Roberts
zotz at 100jamz.com
Thu Mar 1 21:24:08 EST 2007
On Thursday 01 March 2007 08:29 pm, Mia Garlick wrote:
> 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.
Perhaps I misread, but isn't it sort of asking if you get the license when you
get a copy, even if you lose those rights by breach, do you get them again
the next time you get another copy from someone else?
all the best,
drew
>
> 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.
> >
> > _______________________________________________
> > cc-community mailing list
> > cc-community at lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-community
>
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--
(da idea man)
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