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cc-licenses - Re: [cc-licenses] ShareAlike and version compatibility

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Subject: Development of Creative Commons licenses

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  • From: Peter Brink <peter.brink AT brinkdata.se>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] ShareAlike and version compatibility
  • Date: Thu, 13 Apr 2006 12:43:18 +0200

rob AT robmyers.org skrev:
Quoting drew Roberts <zotz AT 100jamz.com>:


On Thursday 13 April 2006 03:29 am, Karl Ebener wrote:

Hi,

i fully support this interpretation. In the preambular, it says:
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE").

This means, that there is a contract being conducted.

Are you speaking for Creative Commons here? If not, could a CC rep please give
CC's take on this? I know that the GPL people do not believe that the GPL is
a contract, but merely a license.icenses


Please bear in mind that even if a CC license is considered a contract in
Germany (I don't know whether it would be or not) European and American law may
differ on this point.

The legal concept of "license" in the US sense does not AFAIK exist in Europe. CCPL is either a contract, or possibly a "unilateral beneficial legal act", under European law. The distinction btw a contract (which is a multilateral legal act) and a "unilateral beneficial legal act" might or might not affect how CCPL would be treated in a court of law - all depending upon the jurisdiction.

/Peter Brink




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