[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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