[cc-licenses] Public Performance Clause & More ...

azrael azrael at open-forensics.com
Fri Jul 20 07:15:37 EDT 2007


Hi All,

I'm currently working in collaboration with some others on creating a
methodology for Digital Forensic work, we want to publish publicly so that
most people can benefit from the knowledge - we however want to keep control
of the document for quality control purposes, and also to restrict it being
sold, because ... well basically because we don't want that :-)

We have a couple of questions regarding the CC licenses Attrib - No
Commercial - No Derivs ...

(1) Does No commercial prevent someone using our methodology to create a
piece of work for profit ? E.g. Can a paid forensic examiner work a client
case according to our methodology and report it according to guidelines that
we set if we use the "No commercial" section ...

(2) If the above happens ( either for profit or not ... ) and the acquired
results are presented in court, would this qualify as a "public performance"
of the work, and would it then be licensed under the same terms ? (
Obviously this is an impossible legal position ... )

We have seen what has been done with the OSSTMM which uses a CC license,
along with the addendum of an "Open Methodology License" ... (
http://www.isecom.org/osstmm/
) which may or may not be necessary ...

(3) There are no issues with licensing a group work provided all
contributors agree to the terms, am I correct in thinking that ? Or do we
have to create some form of legal entity to license under ?

I would be most grateful for some feedback on this, it isn't a sticking
point yet ... :-)

Kind Regards,

Azrael

-- 
Azrael
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