[cc-licenses] freedom to perform? (Re: Discussion Draft - Proposed License Amendment to Avoid Content Ghettos in the Commons)

wiki_tomos wiki_tomos at inter7.jp
Fri Nov 18 22:01:44 EST 2005


I have an impression that performing a work is very explicitly 
dealt with in CC licenses. CC-BY-SA is no exception. If a work is 
under CC-BY-SA, one can perform the work or perform a derivative of 
its work. 

On the other hand, GFDL, perhaps being focused on software manuals 
and other documantations, does not explicitly allow performance. 
It does not prohibit it, but the uses it allows seem to be limited to 
verbatim copying, modification (derivative work), distributing the 
verbatim copy or modified work, creating a collective work, combining 
with other works (another type of derivative work). 

So, when someone ports a CC-BY-SA'd work into GFDL's sphere by 
modifying the original work, does it actually reduce the significant 
part of the freedom originally granted by the CC license? Is this okay?

This question has a long-term implication, I am afraid. And for that 
reason, should be taken a bit seriously than it looks. 

CC is working to break the wall between CC-BY-SA and GFDL. 
FSF's stance toward such a change is uncertain, and there are some, say,  
informed pessimist. 

Combined with the issue of the Invariant Sections and other things 
such as "Cover Texts" and "Title Page" in GFDL, I think there is a 
chance that this attempt to break the wall ends up creating a one 
way street of taking CC-BY-SA'd work to GFDL land, but not the other 
way around. Once GFDL'd, works may be modified and refined or transformed. 
But without freedom to freely perform? 

If that is the case, then it is against many of CC licensors' wishes. I 
would suggest CC to make sure FSF is at least willing to change the 
GFDL to allow performance as freely as CC-BY-SA does. Acting with benign 
intent to create at least one way street to later find out that there is 
no way to come back could create a huge loss in a long run.

Well, but again, I am not a lawyer. So I might be simply misunderstading 
what freedom GFDL protects. Or perhaps CC and FSF have already started 
working together and they will miss such a basic point..  


Tomos



More information about the cc-licenses mailing list