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

drew Roberts zotz at 100jamz.com
Wed Jan 21 10:56:53 EST 2009


On Tuesday 20 January 2009 21:19:19 James Grimmelmann wrote:
> This issue is unfixable.

So be it. Some things are like that.

> The author always has the power to waive a 
> condition of the CC license.  Even if these clauses didn't exist, Eve
> could still use the picture in a highly offensive collection published
> CC-BY-SA.  Bob, outraged and upset, contacts Eve.  She says, "I'll
> take your name off if you let me use the picture free of any CC
> license at all."  Bob, desperate not to have his name on the
> collection, agrees.
>
> These two clauses don't create this issue, which is inherent in the
> nature of a CC license -- it permits some uses the author might not
> necessarily agree with.  Instead, these two clauses help even out the
> relationship by making attribution not just waivable (which it always
> necessarily is) but actually forbidden if the licensor objects.

Would another option be to keep attribution but force a short protest message 
to be included? Would this tend to be over used for petty issues and gum up 
the works though?
>
> James

all the best,

drew
>
> On Jan 20, 2009, at 3:06 PM, geni 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
> > _______________________________________________
> > cc-licenses mailing list
> > cc-licenses at lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
> _______________________________________________
> cc-licenses mailing list
> cc-licenses at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
> !DSPAM:49773790307281724415765!



More information about the cc-community mailing list