[cc-licenses] CC strategic elements

Jonathon Blake jonathon.blake at gmail.com
Sat May 12 15:23:50 EDT 2007


Eric wrote:

>up to giant media conglomerates. I doubt the latter would have
bothered without the
blessing of their legal departments

Have you taken a look at the license that "media conglomerates" are
selecting, when choosing a CC license?

>If I were that judge, I'd see such actions on the part of the
> licensor as lawsuit-bate, and through the whole case out.

Provide a legal definition for "non commercial".

I suspect that the first dozen or so cases (in the US at least) will
revolve around:
*  What is legally meant by "non-commercial";
* What the licensor understands by "non-commercial";
* What the licensee understands by "non-commercial";
* How much weight to give to the Creative Commons Guidelines on what
the license means;

> That decision will set the course for how future open-source licenses will work.

You've forgotten a couple of things:

* The ability of Congress to inflict mandatory "Your Rights Removed"
licenses on all content;
* Bad prior case law that mandates "your rights removed" for all content;
* Software EULAs that turn over the Intellectual Property Rights of
content created with that software to the company that
wrote/distributed the software;

Unfortunately, there is precedent for all three of those cases.

xan

jonathon



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