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  • From: "lai hiu yeung ryanne" <laihiu AT nicesoda.com>
  • To: cc-hk AT lists.ibiblio.org
  • Subject: Re: [Cc-hk] license public discussion
  • Date: Thu, 10 Jan 2008 23:49:32 +0800

hi,
 
my name's ryanne and this is my first time posting to the mailing list. hello to you all :) and may i thank the legal team once again for doing such a gorgeous job! i'm not an experienced lawyer (just graduated last summer) so please bear with my comments below...
 
(1) A little confusion:
 
- Clause 2: Fair Dealing Rights, the note says "not added fair use" and "not added first sale" but neither of these can be found in the 3.0 unported code...
- Clause 4f: the note says "used version 3.0 language" but again, I can't find this language in the unported code...perhaps another code is referred to?
 
(2) Some minor comments:
 
- Clauses 3a & 3b: the word "Reproduce" need not becapitalised since it is not defined :)
- Clause 4e: add "the" before "Licensor"?
- Clause 7: i suggest re-numbering the paragraphs by alphabets rather than numerals for consistency...also, the phrase "perpetual (for the duration of the applicable copyright in the Work)" can be substituted with "for the duration of copyright in the work" which makes it consistent with the change made in clause 3.
- Governing law clause: I understand that the unported licence does not have a clause specifying the governing law (for the obvious reason that the licence is not jurisdiction-specific). i'm wondering if we can follow UK's example and put in a clause stating HK law as the governing law, for certainty's sake? reference can be made to clause 6.4 of the UK code (or perhaps this has already been considered by our legal team?)
 
thanks again, everyone, for putting so much effort in this.
 
cheers,
ryanne



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