Creative Commons Attribution license element
mjr at dsl.pipex.com
Tue Jun 15 22:07:50 EDT 2004
Please cc me. I am not subscribed to cc-licenses.
Mike Linksvayer wrote:
> Anyway, I did notice Nathanel's post
> brought it up internally:
>> On Apr 5, 2004, at 1:11 PM, Mike Linksvayer wrote:
>>> we should take the opportunity to fix since we're dragging on 2.0?
>> doesn't matter. if in fact the statement prohibits things the law
>> let it prohibit, the law wins. "the law" includes fair use.
> So in this case we decided to do nothing. [...]
Please tell me that the other author there is not a lawyer either!
I think they missed what law is "the law" for this. It's easy to do. I
am writing about a problem with the copyright licence, so it's
copyright law. That doesn't interact much with trademark law. In the
UK, the two are even grounded in different acts.
If that trademark section gets included as a term in someone's
copyright licence, I believe I have to comply with it to get the
permissions granted, regardless of whether it would be fair use of a
trademark to breach it. Copyright law does not prevent you from having
a condition that denies fair use of a trademark. In fact, I suspect
you could offer a copyright licence that says "The recipient may copy
and distribute this work, if and only if they give the copyright
holder legal custody of their first-born male offspring" and they
either sign away their son or don't have permission.
Thanks for raising this, but please can you press it again?
Please, fix the CC licence pages to clearly show that the trademark
notice is not part of the copyright licences, and announce that fact
widely because some users have included the trademark notice as a
clause in copyright licences.
This particular change does not require bumping the CC version number
IMO, just fixing the presentation so people don't need to read html
source before they realise the break.
My Opinion Only and possibly not of any group I know.
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