[cc-licenses] Retracting masterial distributed under aCC 2.0 BY-NC-SA Licence.
Mia Garlick
mia at creativecommons.org
Fri Dec 8 20:24:33 EST 2006
comments below.
On Dec 8, 2006, at 5:18 PM, drew Roberts wrote:
> On Friday 08 December 2006 06:36 pm, Mia Garlick wrote:
>> one minor clarification: while the CC licenses are not revocable with
>> respect to those people who have already accepted the work under the
>> license, the license expressly reserves to the licensor to withdraw
>> offering the work under the license at any time. thus, it is
>> possible to remove content. but i agree with james that it would be
>> useful to know the legal basis on which you are requested not to
>> mention a specific website.
>
> Mia, just to clear up a question this raises in my mind. If the
> licensor
> withdraws the offering, others could still continue to get it from
> those who
> already have it
right.
> or would they no longer have the right to distribute?
no.
>
> I can see them not giving to any new people with the license. Fine.
> And if no
> one has copies, the content is removed from circulation.
right.
> But can they remove
> it by telling everyone worldwide to no longer distribute the work
> or any
> derivatives?
>
this seems to be an impossible practical task, no? even if the
license were legally structured that way, which it is not...
> If so, this seems like a huge problem...
>>
>> On Dec 8, 2006, at 3:31 PM, James Grimmelmann wrote:
>>> jonathon wrote:
>>>> All:
>>>>
>>>> I received a very polite, informal, "cease and desist" letter.
>>>>
>>>> Basically, the sender wants all of my material that mentions a
>>>> specific
>>>> website to be removed from public distribution. I've removed the
>>>> relevant material from my website.
>>>>
>>>> One of the points they want, is assurance that the material will
>>>> not be redistributed by third parties.
>>>>
>>>> My understanding is that they are perfectly willing to go to court
>>>> over
>>>> this. The judge will issue a ruling in their favour. That judgement
>>>> will, in theory, trump the CC licence. I don't see any point
>>>> going to
>>>> court, knowing that the best case scenario for me, is that I
>>>> lose. A
>>>> good faith effort, merely reduces the amount of damages can be
>>>> awarded
>>>> against me.
>>>>
>>>> All of the affected material was distributed under a CC-BY-NC-SA
>>>> 2.0
>>>> license.
>>>>
>>>> I've gone thru that licence, and can't find a way to prevent
>>>> further
>>>> distribution of the offending material. Have I missed something?
>>>
>>> The following is not legal advice . . .
>>>
>>> In general no, a CC license is not revocable. You cannot revoke
>>> your
>>> grant of permission to your licensees to distribute the material you
>>> licensed to them. The sender of the C&D can't reasonably ask you to
>>> stop the distribution because you probably have no power to stop it.
>>> This is not to say, however, that the sender might not have the
>>> ability/right to stop that distribution him- or her-self.
>>>
>>> It would be useful to know on what basis the letter demands that
>>> this
>>> material be removed. Is it a matter of copyright infringement, or
>>> something else?
>>>
>>> James
>
>
> all the best,
>
> drew
> --
> (da idea man)
> National Novel Writing Month
> Sayings (Winner 2006)
> http://www.ourmedia.org/node/262954
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