[cc-community] can cc-by work be re-used on Google Knol?

Asheesh Laroia asheesh at creativecommons.org
Mon Aug 11 11:06:44 EDT 2008


On Sun, 10 Aug 2008, Bennett Haselton wrote:

> At first it would seem the answer is 'Yes', since you can use someone
> else's CC-BY work in your own CC-BY work as long as you give them
> attribution.  However, there's a possible hiccup -- Knol's TOS section 8:
> http://knol.google.com/k/-/-/si57lahl1w25/12#
> also grants Google the right to "modify" and "create derivative works
> based on" the work that you submit.  Could this potentially include
> "derivative works" that take out the attribution to the original
> author?  And hence, would you not be allowed to use someone else's
> CC-BY work on Knol, because you'd be granting Google the right to
> create derivative works that take out the attribution, which you're
> not allowed to do?

If this is the scenario:

* Alice writes a CC-BY work, and
* Bob incorporates it into Knol with proper citation, and
* Google creates a derivative, and strips Alice's attribution where it 
would otherwise be necessary, then

from what I understand, Google would be breaking Alice's copyright.

Separately, Bo may be breaking the ToS by indicating to Google that they 
can make derivative works.  Or not, since Google really can make 
derivatives of Alice's work!

As I see things (not a laywer), that's the copyright vs. ToS perspective.

-- Asheesh.

-- 
<calc> Knghtbrd: irc doesn't compile c code very well ;)


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