[cc-licenses] different license for different bitrate

Michelle Konzack linux4michelle at freenet.de
Thu Dec 21 12:51:01 EST 2006


Hello James and *,

Am 2006-12-14 10:18:02, schrieb James Grimmelmann:
> I think that this is correct, but I would not swear to it without more 
> investigation.  I think Tomos is right that the critical fact is that 
> the higher-resolution photo contains details that really are additional 
> copyrightable expression.  If the difference between the two version 
> were so small as to not make the difference copyrightable, then anyone 
> encountering version A might be free to use the license given out with 
> version B.  But because the originality threshold in copyright law is so 
> low, bitrates of 128 and 256 kbps seem like they would be different enough.
> 
> This is not legal advice.

I was offering selfmade soundsamples in 64kBit (ogg) for free and
384 kBit (shn) non-free.  There was someone which had bought the
384 kBit files and resampled them to 128 kBit and selled it.

After I have found it par hassard, I took juridical action against
this person and he claimed that he has the right to do it since I
offer samples under a free license.

After an examation juridical of over 6 month I have gotten the FRENCH
judgement that ONLY the Copyright holder can do such stuff, except if
I sell Reseller licences to someone...

I can offer in france the same soundfiles in two qualities (Example
and Original) and distribute it under TWO different Licenses.

Pease note, that most Sellers/Providers offer only shorted samplefiles
to avoid such juridical problems...

Greetings
    Michelle Konzack
    Systemadministrator
    Tamay Dogan Network
    Debian GNU/Linux Consultant


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