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cc-licenses - Re: [cc-licenses] Compatibility workshop : FAL, CC by-sa

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Subject: Development of Creative Commons licenses

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  • From: Daniel Carrera <daniel.carrera AT zmsl.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Compatibility workshop : FAL, CC by-sa
  • Date: Tue, 15 Nov 2005 20:53:53 +0000

Hello Isabelle,

I read the FAL, but I am not a lawyer. So I need some help understanding it. It wasn't very clear to me what the FAL says. Does the FAL require that modifications to the work be FAL? I couldn't find that on the license.

Can you compare the FAL with the BY-SA? Can you give us an example of something that would be allowed under one license but not the other?

The aim is to be allowed to mix together some works offered under the CC by-sa with other works offered under the FAL, and then, to put the resulting derivative work under one of these two licences.

Assuming that BY-SA and FAL are very similar, it would be good to be able to take BY-SA work and make it FAL and take FAL work and make it BY-SA.


Actually, there are two obstacles to the compatibility :

1- the Free Art License dosen't allow one to mix a work ruled by another License with a work ruled by the FAL (article 7).

Could this change in the future?

2- The CC by-sa dosen't fit into the criteria of freedom as conceived by the Free Art License :

The main problems pointed out are :
# the fact that the drafting of CC licenses is quite confuse and can generate some conflictual interpretations
# the compatibility between the several national adaptations of CC licenses means that a compatibility between the FAL and the French CC by-sa would mean, as well, a compatibility between the FAL and other national adaptations whose significations and legal consequences are not clear for us.

I don't understand how those two items relate to freedom. You find the CC licenses confusing and are concerned about the national adaptations. Those are more of practical considerations than an issue of freedom.


We thus came to the conclusion that the compatibility between the two licenses required that the CC by-sa should adopt the terms of the FAL.

It may be good to explain what those are.

* What does the FAL allow that is prohobited by the BY-SA?
* What does the FAL prohibit that is allowed by the BY-SA?

the FAL ... simplicity of its wording

When I read the FAL I found it confusing. In particular, I couldn't understand the conditions under which I am allowed to modify the work (section 2.3). It was obscure to me.

Best,
Daniel.
--
"It's like a rainbow. Without an observer at a 23 degree angle to
the light reflecting off a cloud of spherical droplets, there is no
rainbow. The whole universe is like that. Our spirits stand at a 23
degree angle to the universe. There is some new thing created at the
contact of photon and retina, some space between rock and mind."
- Zoya Boone, Red Mars




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