[cc-licenses] ShareAlike and version compatibility

Elad Wieder techlaw at law.haifa.ac.il
Thu Apr 13 06:15:04 EDT 2006


The quoted text indicates that you can deal with a derivative work under
"later version of this License with the same License Elements as this
License". 

Doing so in the other direction will not make much sense, and will enable
people to take advantage of "flaws" that were fixed in late versions.


_____________________________________________________
Elad Wieder, Coordinator
Haifa Center of Law & Technology
Faculty of Law, University of Haifa
Mount Carmel, Haifa 31905, Israel
Tel: +972-4-828-8569 Fax: +972-4-824-0681

-----Original Message-----
From: cc-licenses-bounces at lists.ibiblio.org
[mailto:cc-licenses-bounces at lists.ibiblio.org] On Behalf Of Karl Ebener
Sent: Thursday, April 13, 2006 9:29 AM
To: Discussion on the Creative Commons license drafts
Subject: Re: [cc-licenses] ShareAlike and version compatibility

Hi,

i fully support this interpretation. In the preambular, it says:
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE").

This means, that there is a contract being conducted. As of this
introduction "this license" means "the conditions that are negotiated for
this contract", and that is exactly the copy the licensee has in front of
him....

Yours
 Karl

Mia Garlick schrieb:
> i interpret "this license" to mean this particular license.
>
> On Apr 12, 2006, at 5:30 PM, Evan Prodromou wrote:
>
>   
>> This is something of a wishful thinking question.
>>
>> Within the text of the CCPL, there are several references to "this
>> License": <>
>> You may distribute, publicly display, publicly perform, or publicly 
>> digitally perform the Work only under the terms of this License, ...
>> You must include a copy of, or the Uniform Resource Identifier for, 
>> this License with every copy or phonorecord of the Work You 
>> distribute [...] You may distribute, publicly display, publicly 
>> perform, or publicly digitally perform a Derivative Work only under 
>> the terms of this License, a later version of this License with the 
>> same License Elements as this License, [...] I wonder: would it be at 
>> all reasonable to consider "this License" to be, say, the 
>> Attribution- ShareAlike license in any of its versions? That is, when 
>> the license text says "this license", it'd mean an object that has 
>> gone through several revisions over the last few years?
>>
>> I ask because this interpretation would make the different versions 
>> of ShareAlike licenses with the same license elements mutually 
>> compatible. You could distribute a by-sa 1.0 work under the terms of 
>> the 2.5 license, or vice versa. That'd be a help for projects where 
>> license upgrades are uncomfortable (for example, wikis).
>>
>> Anyways, I was optimistic about the idea until I read the last bullet 
>> point above; referring to "a later version of this License"
>> seems to make it clear that "this License" means "this particular 
>> version".
>>
>> ~Evan
>>
>> --
>> Evan Prodromou <evan at prodromou.name>
>> _______________________________________________
>> cc-licenses mailing list
>> cc-licenses at lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>>     
>
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>   

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