[cc-community] FYI: comment by Eric S Raymond on CC
lists at atwood.org.uk
Thu Feb 14 07:42:36 EST 2008
Fred Benenson wrote:
> someone else 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.
Eric S. Raymond was quoted:
>"That's why the OSD
>doesn't depend on making any such distinction -- it's too easy to end >up
>with either exploitable loopholes for non-cooperating commercial
>entities or nasty legal risks for nonprofits."
The critique of Eric's quote was not based on whether the
commercial/noncommercial issue is complex, but whether the complexity
was the whole reason OSD does not distinguish such usage. Instead some
people think that there was a more fundamental reason for this decision.
Its hard to deny that the commercial/noncommercial issue is complex,
just look at this mailing list! If he was only trying to make the point
that the issue is indeed complex, perhaps he misspoke to say it is the
reason, or seemingly imply that it was the only reason, for excluding
such clauses from their licenses.
But maybe that's just reading to much into the 3 words 'That's why' and
The last of the reasons mentioned by Eric, worries of potential legal
risks for nonprofit entities, does sound like a valid reason; the
others i.e. worries of easy loopholes, are a bit funny ... to say that
the solution when worried about possible unwanted exploitation of the
works is to allow such exploitation? Like, giving your money to some
thieves because otherwise they might steal it?
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