[cc-licenses] Legal Questions on CC validity and enforceability

Jonathon Blake jonathon.blake at gmail.com
Wed Mar 7 17:27:02 EST 2007


Dana wrote:

> There may be room for a new argument - that the CC licensor is not fully aware of the terms of the CC license she is choosing for her work - but that seems like a stretch.

Given how photographers understand the CC-BY-SA licence, before its
implications are carefully read and explained to them, I'd suggest
that it is not a stretch to say that people choose licences without
understanding what the terms in it mean. [I'm picking a very straight
forward,easily understood licence here.]

When it comes to CC-BY-NC-SA, or CC-BY-NC-ND, I'd be surprised if 1 in
10,000 people who select either one, understand what it does, and does
not do.

In both instances, I would not be at all surprised if a the licensor
convinced a jury that their understanding of the licence trumps the
legal meaning of the licence --- on the grounds that they were not
fully aware of the terms of the CCLicense that they chose.

xan

jonathon



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