[cc-community] On The Need For A Stronger Copyleft For BY-SA 4.x
zotz at 100jamz.com
Mon Jan 30 21:21:03 EST 2012
OK, so I already posted a link to this:
but don't recall much response so I will post the whole thing here in case
people were leery of following the link:
On The Need For A Stronger Copyleft For BY-SA 4.x
For those of you have not run into copyleft and its relationship to Freedom
before here are a few links:
What is Copyleft?
What is free software?
Definition Of Free Cultural Works
Creative Commons Attribution-ShareAlike 3.0
OK, so let's consider the the following situation and see if this is really an
Billy Bloke spends some time searching around on Kompoz and Jamendo and finds
a bunch of BY-SA songs.
Billy listens to a bunch and then chooses a bunch on the theme Night. He
listens a bunch more and picks some that go together and will fit on a CD.
He puts together this CD.
Let's assume that this CD fits the bill of the BY-SA definition of
a "Collection" as per 1.b. of the license.
Therefore Billy Bloke gets a copyright on this collection. Nothing in the
license for the songs says that he has to put any particular type of license
on this collection. Billy chooses to go with no license at all and keeps his
copyright ARR (All Rights Reserved).
Billy starts selling copies of his CD which he has titled Night Dreams. It
turns out he has decent taste and the CD starts selling well.
The songwriters and musicians who wrote and recorded the songs notice these
sales and decide to try their hand at selling copies of the CD to their fans
Billy sues them for copyright infringement and wins. The musicians face huge
statutory damages and are told they cannot sell copies of the CDs without
Billy's permission. Billy refuses.
They chat about this online for a good while and one gets the bright idea to
use most of the songs but replace a few. They start selling that Collection
Billy sues again on the grounds that their CD is a derivative of his. He wins
again and they pay again.
Is this really the situation we want to exist with regards to Free Copyleft
works and copyrighted collections?
all the best,
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