[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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