[cc-community] Possible way to subvert the intention of CC-BY-SA and other BY licenses

Brian Rowe brian at freedomforip.org
Tue Jan 20 16:17:14 EST 2009


I disagree, this does not work for Eve.  Eve has already been put on notice
that the work is under a license with BY and can not choose to ignore the
license for future uses.  Bob's request to remove BY from one collection
does not necessarily give up his BY rights for all future downstream works.
Have attribution removed from one work does not remove attribution for other
works or future works.

The difficulty comes later when some third party views the work without
attribution and wishes to reuse the work.  One possible outcome is that the
unattributed work does not give someone enough information to reuse the
work, thus the third party can not reuse the work until they are able to
comply with the license fully or find out how they are required to attribute
it for a new work.


-Brian Rowe
3L Seattle University Law
ianal - this is not legal advice

On Tue, Jan 20, 2009 at 12:30 PM, geni <geniice at gmail.com> wrote:

> "If You create a Collection, upon notice from any Licensor You must,
> to the extent practicable, remove from the Collection any credit as
> required by Section 4(c), as requested."
>
> "If You create an Adaptation, upon notice from any Licensor You must,
> to the extent practicable, remove from the Adaptation any credit as
> required by Section 4(c), as requested."
>
> These clauses are important but they do create a problem.
>
> In this case the CC-BY-SA work is a photo with a single author (Bob).
>
> Eve wants to use the pic without crediting the author.
>
> Eve gets the pic published as part of a collection of highly offensive
> works and makes sure Bob finds out.
>
> Bob uses the credit removal clause.
>
> Eve then uses the pic from the collection of highly offensive works
> and since there is no credit on it she doesn't have to credit Bob.
>
> In effect CC-BY-SA has been converted to CC-SA.
>
>
> Getting around this problem is somewhat tricky one approach would be
> to add a requirement that in the case of such removals it should be
> made clear that such a request has been made and a second requirement
> that in such cases a reasonable good faith attempt must be made to
> find and credit the author. This however suffers from being rather
> vague. A second option might be to allow the author to have their
> name/pseudonym replaced by a code that allows the image to be linked
> to them by a central repository of such codes. This however is
> complicated and the benefit of removing obvious credit in such cases
> is reduced (particularly if the authors of the highly offensive works
> opt for credit in the same way).
>
> So I don't really have a solution.
>
> --
> geni
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>



-- 
Brian Rowe
3L Seattle University
(206) 335-8577 (Cell)

Access To Justice Technology Principles
www.ATJWeb.org

Freedom for IP
www.FreedomforIP.org

Seattle Human Rights Network
www.SeattleHumanRightsNetwork.org
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