[cc-community] Relicensing after cc-by-2.0 licence breach
Paul Dixon
paul at elphin.com
Fri Mar 2 06:05:55 EST 2007
drew Roberts wrote:
> 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."
>>
I mentioned that because the licensor says that once the licence has
terminated only further negotiation can secure those rights again. My
argument is that the works are "out there", many people have their own
independant backup archives. Each of those people have a copy and are
free to distribute and display them. The question is, can they now
distribute them to *us*, or are we now permanently unable to use those
works.
I'm not disputing we breached the licence, but whether we can continue
to exercise the licence by bringing ourselves back into compliance
(which was done within minutes of being notified)
>> 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?
Exactly!
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