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cc-licenses - Re: Extra restrictions on derivative works

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Subject: Development of Creative Commons licenses

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  • From: Glenn Otis Brown <glenn AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Extra restrictions on derivative works
  • Date: Mon, 26 Jan 2004 22:53:38 +0900

Here's a more concrete situation: a score of collaborators on
Wikitravel put together a fine guide to Boston, under the by-sa 2.0. A
commercial travel publisher creates a guide to New England, and
include our Boston guide. However, they release it under by-sa-nc
2.0.

They would only be able to put it under by-sa-nc if they incorporated some content that was by-sa-nc. And once they incorporate that by-sa-nc content, it would clash with that copyright owners' wishes. Again, we've got to pick one way or the other.

Built-in freedoms are more important than ease
of mixing.

I guess our current position is the opposite. Ease of mixing is what the whole thing's about. Or not quite the opposite: note that no one could totally appropriate the derived content: it would still have be SA'd in some form or other.

I'd be interested to hear what other people's priorities are regarding built-in freedoms versus ease of mixing.

I'm willing to consider these alternatives:

(1)

I think there either needs to be a way to say, "No, you can't take
away freedoms we tried to build into our license", or mixing licenses
should be disallowed.

(2)

I realize that the stipulation is for remixing works under two
different CC sa licenses, but that can be trivially evaded by simply
calling the changes an original work under by-sa-nc -- perhaps
publishing them independently on an orphan Web page somewhere -- and
"remixing" them with the by-sa version.

But I certainly wouldn't say that the latter is a "trivially" easy way around the problem. And again, I'd be curious to hear what other people think on the question of ease-of-mix versus enforcing freedoms.



This means that:

a) No other travel guide publisher will be able to use their
changes
b) Wikitravel will be unable to incorporate their changes, unless
we relicense our work under by-sa-nc, too.

I realize that the stipulation is for remixing works under two
different CC sa licenses, but that can be trivially evaded by simply
calling the changes an original work under by-sa-nc -- perhaps
publishing them independently on an orphan Web page somewhere -- and
"remixing" them with the by-sa version.

Our original intention in using by-sa was to make the guides and all
derivatives free for _everyone_. Yet the new licenses would allow
people to take away the freedoms they're enjoying from other
people. That's broken.


~ESP

--
Evan Prodromou <evan AT wikitravel.org>
Wikitravel - http://www.wikitravel.org/
The free, complete, up-to-date and reliable world-wide travel guide
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