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Subject: Development of Creative Commons licenses

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  • From: Ŭalabio‽ <Walabio AT MacOSX.COM>
  • To: cc-licenses AT lists.ibiblio.org, Erik Moeller <Moeller AT Scireview.De>
  • Subject: [cc-licenses] NonDerivative NonCommercial Licenses
  • Date: Thu, 2 Mar 2006 02:58:26 +0000


¡Hello!

¿How Fare You?

I run a wiki hosted on Myoo.De which requires all submissions to be CC-BY and allows import of material licensed differently, if the license allows additions to the work which are CC-BY:

Shameless Plug:
* — <HTTP://PeaceFulBeginnings.Org/>

While figuring out how to license my wiki (I always intended that people should import material to the wiki and add to it such as imports of CC-BY-NC-SA which can still integrate CC-BY), I noticed a fundamental incompatibility between nonderivative and noncommercial licenses:

Firstly, your terms which go together like tinkertoys are great; but unfortunately however, I do not believe that nonderivative and noncommercial can fit together. Let me explain why nonderivative still works for commercial works before I get into why is is incompatible with noncommercial:

Let us suppose that one is an unpublish authoress named JoAnne “Kathleen” Rowling. she gives up on getting her first book “Harry Potter and the Philosopher’s Stone” published. She figures that if she can build interest in Harry Potter, she can get your nearly complete new book, “Harry Potter and the Chamber of Secrets” published. She looks on the site of CreativeCommons.Org and decide to license “Harry Potter and the Philosopher’s Stone” under CC-BY-ND as a lossleader for “Harry Potter and the Chamber of Secrets” so that it is more likely that publishers will want to publish her next book “Harry Potter and the Chamber of Secrets”. She chooses a commercial license because she figures that the more who get “Harry Potter and the Philosopher’s Stone”, whether for free off of the Internet or as a xeroxed copy for an € from a peddler on a corner, the more people will be interested in “Harry Potter and the Chamber of Secrets”. The license is CC-BY-ND because she does not want someone to create a derivative commercial work called “Harry Potter and the Chamber of Secrets” in which Harry Potter is in his second year at Hogwarts and has to fight against a Basilisk. Such a derivative commercial work would hurt sales of her “Harry Potter and the Chamber of Secrets”.

Nonderivative clauses work well for commercial works, but are incompatible with noncommercial works because noncommercial fanfiction is fair use; therefore, nonderivative noncommercial licenses are illogical. Certainly, where fair use and a license collide, fair use should win; but unfortunately however, fascists have taken over controll of my country by voting fraud and judicial coup. The fascist would like nothing more than to declare noncommercial nonderivative licenses enforceable, thus reducing fair use and banning noncommercial fanfiction. With our current judiciary, the combination of nonderivative and noncommercial is a threat to fair use because the courts might declare noncommercial nonderivative licences enforceable, thus criminalizing noncommercial fanfiction.. For this reason, it would make sense to eliminate all combinations of nonderivative and noncommercial licenses and state the nonderivative clause of commercial licenses does not apply to noncommercial uses of the work.

¡Thanks!

¡Pax!

¡Health!

¡Bye!



Ŭalabio‽

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