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Subject: Development of Creative Commons licenses

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  • From: Scott Johnston <johnston AT vectaport.com>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: License that allows private copying?
  • Date: Thu, 25 Mar 2004 13:41:56 -0800

Greg London wrote:

<x-tad-bigger>Scott Johnston said:
></x-tad-bigger><x-tad-bigger> My program is for use by two or more people at once. It's of no use to
</x-tad-bigger>
<x-tad-bigger>></x-tad-bigger><x-tad-bigger> the solitary person. So I want one person to be able to buy a copy and
</x-tad-bigger>
<x-tad-bigger>></x-tad-bigger><x-tad-bigger> be able to try it out by working with a friend (or group of friends),
</x-tad-bigger>
<x-tad-bigger>></x-tad-bigger><x-tad-bigger> without them violating any laws.
</x-tad-bigger>
<x-tad-bigger>
from www.creativecommons.com:
:</x-tad-bigger><x-tad-bigger> Introduction: Creative Commons is devoted to expanding the range of
</x-tad-bigger>
<x-tad-bigger>:</x-tad-bigger><x-tad-bigger> creative work available for others to build upon and share.
</x-tad-bigger>

I believe a Private sharing clause would do just that, expand the range of creative work available for others to build upon and share. It would simply be another term which must be satisfied, like NonCommercial or Attribution. The fact that a clause restricts the possible set of sharers does not mean it won't expand the range of sharing.

This might be hard to see in the case of a software binary. How do you build upon a fixed program? For starters, you can compile your own aggregate work (collection) of similar tools, and share them with your friend. And if you want to go Public and/or Commercial with your copyrighted work you can contact the copyright holder and arrange for a license.

But I don't think it is so hard to see in the case of music distribution. Let's say I hand out all the raw data from my digital music compositions to my friends (the MIDI sequencing files, the samples, the lyrics, etc..). I want them to build on it, to change it, to share it with their mates, to keep a copy for future reference. I just don't want anybody sharing it with the public without my approval. Is there a CC license that directly addresses that kind of creative work and sharing? Or am I left to do it informally?
<x-tad-bigger>
</x-tad-bigger>
<x-tad-bigger>The short of it is that you are selling proprietary software.
Your license is "All Rights Reserved". You are just bundling
multiple copies of the software in a single purchase.

What you are doing has nothing to do with
Creative Commons mission to expand the works
available to build upon and share.

Your definiton of "share" is really
N copies of a program in one purchase.


</x-tad-bigger>
That is your definition of what I'm asking. Truly, I have no N in mind. I just want some practical (and formal) method of asking others to abide by my wishes and refrain from publicly distributing a copy of my work. Like the copyright owner of the rental DVD you play sets no limit on the number of people who can watch it in your home, but would go after you if you advertised a showing and charged admission. Like some bands allow taping and sharing of their concerts, but forbid the posting of those tapes online.

Anyways, thanks to you and Evan for your comments. For me it has been a worthwhile exercise.

Scott Johnston




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