[cc-licenses] ShareAlike and version compatibility
Peter Brink
peter.brink at brinkdata.se
Thu Apr 13 06:43:18 EDT 2006
rob at robmyers.org skrev:
> Quoting drew Roberts <zotz at 100jamz.com>:
>
>
>>On Thursday 13 April 2006 03:29 am, Karl Ebener wrote:
>>
>>>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.
>>
>>Are you speaking for Creative Commons here? If not, could a CC rep
>>please give
>>CC's take on this? I know that the GPL people do not believe that the GPL is
>>a contract, but merely a license.icenses
>
>
> Please bear in mind that even if a CC license is considered a contract in
> Germany (I don't know whether it would be or not) European and American
> law may
> differ on this point.
The legal concept of "license" in the US sense does not AFAIK exist in
Europe. CCPL is either a contract, or possibly a "unilateral beneficial
legal act", under European law. The distinction btw a contract (which is
a multilateral legal act) and a "unilateral beneficial legal act" might
or might not affect how CCPL would be treated in a court of law - all
depending upon the jurisdiction.
/Peter Brink
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