[cc-licenses] NonDerivative NonCommercial Licenses
Ŭalabio‽
Walabio at MacOSX.COM
Wed Mar 1 21:58:26 EST 2006
¡Hello!
¿How Fare You?
I run a wiki hosted on Myoo.De which requires all submissions to be
CC-BY and allows import of material licensed differently, if the
license allows additions to the work which are CC-BY:
Shameless Plug:
* — <HTTP://PeaceFulBeginnings.Org/>
While figuring out how to license my wiki (I always intended that
people should import material to the wiki and add to it such as
imports of CC-BY-NC-SA which can still integrate CC-BY), I noticed a
fundamental incompatibility between nonderivative and noncommercial
licenses:
Firstly, your terms which go together like tinkertoys are great; but
unfortunately however, I do not believe that nonderivative and
noncommercial can fit together. Let me explain why nonderivative
still works for commercial works before I get into why is is
incompatible with noncommercial:
Let us suppose that one is an unpublish authoress named JoAnne
“Kathleen” Rowling. she gives up on getting her first book
“Harry Potter and the Philosopher’s Stone” published. She
figures that if she can build interest in Harry Potter, she can get
your nearly complete new book, “Harry Potter and the Chamber of
Secrets” published. She looks on the site of CreativeCommons.Org
and decide to license “Harry Potter and the Philosopher’s Stone”
under CC-BY-ND as a lossleader for “Harry Potter and the Chamber of
Secrets” so that it is more likely that publishers will want to
publish her next book “Harry Potter and the Chamber of Secrets”.
She chooses a commercial license because she figures that the more
who get “Harry Potter and the Philosopher’s Stone”, whether for
free off of the Internet or as a xeroxed copy for an € from a
peddler on a corner, the more people will be interested in “Harry
Potter and the Chamber of Secrets”. The license is CC-BY-ND because
she does not want someone to create a derivative commercial work
called “Harry Potter and the Chamber of Secrets” in which Harry
Potter is in his second year at Hogwarts and has to fight against a
Basilisk. Such a derivative commercial work would hurt sales of her
“Harry Potter and the Chamber of Secrets”.
Nonderivative clauses work well for commercial works, but are
incompatible with noncommercial works because noncommercial
fanfiction is fair use; therefore, nonderivative noncommercial
licenses are illogical. Certainly, where fair use and a license
collide, fair use should win; but unfortunately however, fascists
have taken over controll of my country by voting fraud and judicial
coup. The fascist would like nothing more than to declare
noncommercial nonderivative licenses enforceable, thus reducing fair
use and banning noncommercial fanfiction. With our current
judiciary, the combination of nonderivative and noncommercial is a
threat to fair use because the courts might declare noncommercial
nonderivative licences enforceable, thus criminalizing noncommercial
fanfiction.. For this reason, it would make sense to eliminate all
combinations of nonderivative and noncommercial licenses and state
the nonderivative clause of commercial licenses does not apply to
noncommercial uses of the work.
¡Thanks!
¡Pax!
¡Health!
¡Bye!
—
Ŭalabio‽
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