[cc-community] Copyright enforcement and CC BY-NC licenses

Kevin Phillips (home) tacet at qmpublishing.com
Fri Aug 1 17:50:21 EDT 2008


----- Original Message ----- 
From: "jonathon" <jonathon.blake at gmail.com>
To: <cc-community at lists.ibiblio.org>
Sent: Friday, August 01, 2008 10:11 PM
Subject: Re: [cc-community] Copyright enforcement and CC BY-NC licenses


> On Fri, Aug 1, 2008 at 13:56, drew Roberts  wrote:
>
>> Someone violates the copyright on your work. You sue. You are entitled to 
>> statutory damages right? You collect. Are you now guilty of violating the 
>> NC licenses of the works yours built upon?
>
> I would not think so.
>
> However:
> *  Various patent troll companies have constructed a business model
> based upon suing people, and generating their revenue that way;
> *  SCO is leading the charge in filing lawsuits based upon
> non-existent copyright violations, as a business model;
>
> Furthermore, I would suggest that the court case would enable the
> upstream content creators to file their own lawsuit against the
> copyright/license violator. The only legal issue is how much of that
> upstream content is required, for them to have a "successful" outcome.

I hope this is so.  If copyright cases are anything to go by, the famous NWA 
case comes to mind (where the judge ruled against them for sampling a three 
note guitar riff, even though the context was as far removed as one can 
imagine - http://www.wired.com/entertainment/music/news/2004/09/64884).

As each instance of the remixing process is essentially sampling the 
previous one, it would be fair to assume all instances of the licenses along 
the way are valid and can therefore be used in a case against a violator 
en-mass, right?

Kevin

> xan
>
> jonathon
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