[cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
zotz at 100jamz.com
Mon Oct 1 09:05:14 EDT 2007
On Monday 01 October 2007 08:04 am, paola.dimaio at gmail.com wrote:
> > > Yes I can. Watch me.
> > A bit combative there huh?
> well, when it comes to defending 'my rights' yes, I admit I am ready to
> fight I think it is called 'litigious' or 'itchy'
> I do get in that state only when I feel some lawful rights are being
> denied tough
> And not overly concerned with the views of the
> > community you wish to be a part of?
> of course I am concerned, otherwise I would not be asking the community
> opinion but by denying me you are legal right to place a condition upon my
> work that's need to be challenge
> > Why would you do this?
> do what? I am saying that it is legal to modify a contract, and it is
> legal to add waivers and riders to any commercial and intelelctual
> property contract
> my reply is 'yes I can ' - are we understanding each other on this one?
Well, I am not asking why you would write a license to your liking and use it.
Even starting with the CC license of your choice as a guide.
I am asking why you would try and pass your license off as a Creative Commons
license. Why you would create that confusion.
> > > You cannot not in the sense that it would be illegal, but
> > >
> > > > in the sense that it would place your "customized" licence outside
> > > > the CC system, i.e. it would render it impossible to interact with
> > > > the SA licences. - most legal problems CC licences have relate to the
> > > > interpretation of terms such as "non-commercial" which are not used
> > > > by national Copyright Laws.
> > >
> > > Not necessarily. If the change is straighforrwad and just adding a
> > > condition it does not change any part of the agreeent itself. i say
> > > that the change that I propose will not affect the compatibility
> > It will certainly affect the compatibility of all SA licensed works.
> no it will not
> Not all modifications will cause incompatibility (some will and some not)
> I am saying that adding an ethical clause , or, making the cc license
> based on an separate contract (pre agreement on ethics say) will not
> cause an incompatibility with other licenses at all . it will however
> cause an incompatibility with the proposed usage which is unethical -
> which is exactly what I am trying to achieve with this
> please correct me where you think I am wrong
Well, since SA is ShareAlike and you can only share under the exact same
license (with exceptions for the ports and future versions with the same
elements) then any work with an annex would be incompatible with works
without an annex. Plus, works would only be compatible with other works with
an identical annex.
Basically a big mess.
While I like copyleft, and pretty much use copyleft licenses as my preferred
licenses, this is a negative aspect of the positive aspects you get with
copyleft licenses. And I see no way to pull the negative part out because it
is a positive part. (Odd statement, but think about it if you don't get it at
first.) I have never seen anyone suggest a solution to this either. Other
than the guys who suggest giving up on copyleft entirely.
all the best,
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