[cc-community] FYI: comment by Eric S Raymond on CC
Matthew J. Agnello
matt.agnello at gmail.com
Thu Feb 14 01:30:05 EST 2008
> Still, NC is a world of unclear
> compared to some.
But consider the alternative. The alternative is, you know absolutely
nothing about what the artist or creator or copyright owner feels is
an acceptable use of a work. The default is illegality. With CC, even
NC, breaking the law is no longer the default.
It's important to remember that while the discussion over what
constitutes NC is an important one, it's a far more controlled
discussion than what constitutes fair use. The CC license has still
done its work and managed to carve out a small but significant lawyer-
free zone.
You guys know this, but it's easy to forget when talking about how
unclear parts of NC can be.
// Matt
----------
Matt Agnello
http://www.hungryfilmmaker.com
< matt.agnello at gmail.com >
On Feb 13, 2008, at 7:30 PM, drew Roberts wrote:
> On Wednesday 13 February 2008 22:07:36 Fred Benenson wrote:
>>> But his point, I think, is more that you can carefully follow the
>>> CC NC
>>> guidelines and still get sued as you say you are happy to do.
>>
>> You can follow any terms of any license carefully and still get
>> sued --
>> IMHO common sense is in short supply in many copyright lawsuits.
>
> Yup, I know that. At least in some countries. Still, NC is a world
> of unclear
> compared to some.
>
>> Just
>> because someone is willing to warp the meaning of a license into
>> whatever
>> terms they think it means and file a lawsuit does not mean that
>> that suit's
>> claims have merit, and moreover, it does not mean a judge or jury
>> will
>> interpret it as such.
>
> Let me give you an example. This is from memory, so if I make some
> mistakes,
> please just point them out.
>
> The NC guidelines say that it is OK for me to take an NC book into a
> copyshop
> and pay them to print it for me.
>
> Makes sense.
>
> But if the copyshop is a publicly traded company and if I own shares
> in the
> copy shop? What happens now? Does it matter what percentage of the
> shares I
> own?
>
>>
>> I still greatly await the day someone sells NonCommercially
>> licensed work
>> and tries to justify their actions under a non-traditional reading
>> of the
>> term "commercial."
>>
>>
>>
>> F
>
> I trust it wont be me...
>
> all the best,
>
> drew
>
>
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