[cc-licenses] ShareAlike and version compatibility
drew Roberts
zotz at 100jamz.com
Thu Apr 13 07:47:32 EDT 2006
On Thursday 13 April 2006 06:43 am, Peter Brink wrote:
> 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.
Let's assume for a second that it would be a contract in Europe, are
consideration and "a meeting of the minds" necessary conditions for contracts
there? If so, what would be the consideration? And how could a meeting of the
minds be imputed with respect to a person from a jurisdiction with the
concept of a license who thought they were issueing a license and not
entering into a contract?
Is this whole jurisdictional adaptation and the cross jurisdiction clause
really a big legal minefield? (I hope I am being clear as to my concern
here.)
>
> /Peter Brink
all the best,
drew
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