[cc-community] FYI: comment by Eric S Raymond on CC

Giorgos Cheliotis giorgos at smu.edu.sg
Thu Feb 14 22:10:15 EST 2008


"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."
 
Very well said.


________________________________

	From: cc-community-bounces at lists.ibiblio.org
[mailto:cc-community-bounces at lists.ibiblio.org] On Behalf Of Fred
Benenson
	Sent: Friday, February 15, 2008 2:41 AM
	To: cc-community at lists.ibiblio.org
	Subject: Re: [cc-community] FYI: comment by Eric S Raymond on CC
	
	
	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.
		


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