[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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