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Subject: Development of Creative Commons licenses

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  • From: Thomas Uwe Gruettmueller <sloyment AT gmx.net>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: No warranty!
  • Date: Mon, 2 Feb 2004 15:19:02 +0100

Hi!

Let us please look at the following situation:

* First, I create a work and release it under a free license.

* Then someone falsely claims authorship to that work.

Without a warranty given, that asshole can now start suing me and
the people who distribute the work. This would be a real
problem, but there is no real protection against it, anyway.

However, if I give a warranty, billions of people can start suing
me in this situation.

- - - - -
Another scenario:

* First, I receive a work under the CC-SA.

* Next, I modify it and publish the modified work.

* Later, it turns out that the first work was illegal.

The problem here is that when I publish the modified work, I have
to warrant that my version is legal. However, there is no safe
way for me to determine wether the upstream version was legal.

With a bit odf bad luck, billions of people might choose to sue
me and not the upstream author.

- - - - -

It seems to me that licenses that demand a warranty are a can of
worms, and I won't use them.

cu,
Thomas }:o{#
-- - http://217.160.174.154/~sloyment/ - --
"Look! They have different music on the dance floor..."





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