[cc-licenses] Legal Questions on CC validity and enforceability
Konstantinos Stylianou
stiliamail at yahoo.gr
Wed Mar 7 16:07:50 EST 2007
Hey all,
After having done some research, there seem to be two points still
remaining unanswered. The first one relates to the validity of the CC
licenses with regard to para 204 of the US Copyright Law, which mandates
that an IP license should be made in writing. Since a CC license is
never in writing (eg. no electronic signatures are involved), does this
mean that they are invalid?
My second point has to do with the nature of the CC licenses and in
particular whether the CC licenses are a form of a web-wrap license,
which have been deemed unenforceable by numerous US Court judgements
like Ticketmaster Corp. v. Tickets.com, Inc. U.S. Dist. (C.D. Ca.,
2000), Pollstar v. Gigmania, 170 F.Supp 2d 980, Specht v. Netscape
Communications Corp., 150 F.Supp 2d 595. Since the CC licenses have not
been challenged in US Courts their enforceability under US law is still
unclear. Though a dutch court upheld a CC license, it must be noted that
the dutch court completely disregarded the issue of the CC licenses'
nature.
Any ideas?
Thank so much. By the way, I'm not a US law student, so allow for any
misinterpretation of the US law.
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