[cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND
Peter Brink
peter.brink at brinkdata.se
Wed Apr 26 09:55:32 EDT 2006
Well put Harry,
Just one minor point...
Terry Hancock skrev:
> That is the standard of ordinary "All Rights Reserved" works, and
> the ND clause preserves that standard (it cannot, IMHO, extend it --
> under copyright law, the author does not own what is not (in the
> legal sense) *derived* from their work, hence they have no ownership
> authority to impose such requirements).
>
One party can always agree (under the freedom of contract) to treat an
adaptation of a work as a "derivative work" even if it really isn't.
Thus, in theory, an open source/content license could actually extend
the scope of the legal concept "derivative works". However such an
extension would only affect those bound by the contract, third parties
are still (of course) unaffected.
/Peter Brink
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