[cc-community] NC, anticapitalism and clashing visions of freedom - was: More discussion on NC
j.martin.pedersen
m.pedersen at lancaster.ac.uk
Mon Oct 25 15:07:08 EDT 2010
On 25/10/10 19:29, geni wrote:
>>>
>>> And by using NC, are you not stating your intention of going to that same
>>> central government to keep those greedy pigs away from your work?
>>
>>
>> They use the Government and laws to snatch up and exploit works. Using the
>> same system against them is simply payback time. It all depends on which
>> side of the wall you stand.
>
>
> Except by that premise you are being illogical in assuming that this
> "they" won't just use the government and the laws to invalidate NC
> terms.
This should be largely irrelevant, as the GPL in court has shown: as a
copyright holder you are entitled to do whatever you want, such as
adding distribution terms, and if those are breached by any party, they
no longer have any rights at all and the object/creation in question
reverts to be under copyright control.
In other words, invalidating NC means no one can access it at all.
> Of course that assumes "they" are unreasonably nice. A far more lethal
> approach with regards to NC is to get the courts to apply it strictly.
> Result is that no one will dare touch the stuff because you can't be
> sure that your uses falls within the few tiny areas that are actually
> NC.
There is not only one "NC" definition - since all conditions can be
waivered, according to the text of the licenses. Each licensee defines
her own boundaries and communicates that to her peers, who will know
that they can use it, since they are her peers and speak in the same
language.
m
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