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Subject: Development of Creative Commons licenses

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  • From: wiki_tomos <wiki_tomos AT inter7.jp>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] Entire Agreement, Sole Agreement
  • Date: 26 Nov 2005 21:45:09 +0900

This is not a new question, but since it has been embedded
in various contexts, I thought I would just make a
separate post dedicated to it.

The issue is about the effect of external communication on
the interpretation and effects of the license.

For example, what happens when I say "this work is
licensed under CC-BY-SA, but please do not use it for a
musical," or "this work is licensed under CC-BY-SA, but
you can skip the attribution to me if you want," etc?

There are certain parts of CC-BY-SA (and other CC licenses)
that seemingly make those external communication ineffective.

Foreword "ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
LICENSE OR COPYRIGHT LAW IS PROHIBITED."

8d."No term or provision of this License shall be deemed
waived and no breach consented to unless such waiver or
consent shall be in writing and signed by the party to be
charged with such waiver or consent."

8e. "This License constitutes the entire agreement between
the parties with respect to the Work licensed here. There
are no understandings, agreements or representations with
respect to the Work not specified here. Licensor shall not
be bound by any additional provisions that may appear in
any communication from You. This License may not be modified
without the mutual written agreement of the Licensor and You."

I can think of a list of factors that I wonder might matter
in determining external communication's effect. Timing of
the communication, if it is intended to add license
restrictions or reduce them, etc. But I don't know if they
are relevant. So I will end here instead of going into more
discussions.

Best,


Tomos



  • [cc-licenses] Entire Agreement, Sole Agreement, wiki_tomos, 11/26/2005

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