[cc-community] FYI: comment by Eric S Raymond on CC
Fred Benenson
fred.benenson at gmail.com
Thu Feb 14 13:41:11 EST 2008
I think Robert is hinting at something that seems lost in this conversation:
CC licenses do not, and never have, and never will, encumber rights that you
would ordinarily be able to exercise under fair use.
Not only is "pulling down pages" in line with the obscure section of the
DMCA that Terry quoted, but it also seems to be something that is
unquestionably accepted under fair use. If anyone has any examples of cases
where someone has taken action against a web browser (as in a person who
browses the web) for copyright infringement and won, I'd be very interested
in hearing those.
For a movement / list that is supposedly interested in restoring common
sense to the whole dialog of copyright and ownership in works, this thread
seems to be lacking greatly in it.
F
On Thu, Feb 14, 2008 at 12:09 PM, Robert Atwood <lists at atwood.org.uk> wrote:
> drew Roberts wrote:
>
> > So, on the front page of my web site, I put a disclaimer that the
> contents of
> > this site are copyright by me and licensed under CC BY-NC, click here if
> you
> > agree to the terms of the license and want to access the site.
> >
> > Everyone here now says that it is OK where you are for a for profit
> company to
> > access this site for their business use?
> >
> > And if that is OK, if I have a link to a BY-NC pdf file on the site,
> could
> > they pull that down? What about a BY-NC audio file on the site?
>
> My thought is, roughly put, that they can 'pull it down' but cannot use
> the file in something they sell , or display publicly, (or in certain
> other ways that the relevant copyright legislation defines).
>
> For example, cannot a commercial magazine writer listen to your CC_BY_NC
> audio, write a review of the audio and publish it for commercial
> reasons? Your audio is not in the publication, but the author had to
> listen to it. The idea of your audio existing somewhere is not
> protected, nor is someone else's verbal description of your audio
> protected, by any copyright I am aware of, the commercial distribution
> is of the review, not of your audio. Yet in some vague sense maybe they
> are 'accessing the site for their business use' , the 'use' of listening
> to it in order to write the review which they then sell for money.
>
> Would you intend to prohibit this scenario? Or perhaps the phrase
> 'Business use' is too poorly defined here, hence the need for the
> proper legal text of the real license plus relevant legislation?
>
>
>
> The technical hitch seems to be whether the act of pulling it down (thus
> caching on the company's server) constitutes some kind of 'public'
> display, as the previous posters mentioned it seems that relatively
> recent copyright legislation specifically exempts this in those
> jurisdictions.
>
>
> _______________________________________________
> cc-community mailing list
> cc-community at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-community
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ibiblio.org/pipermail/cc-community/attachments/20080214/60e7ee69/attachment.htm
More information about the cc-community
mailing list