Skip to Content.
Sympa Menu

cc-licenses - Re: [cc-licenses] Retracting masterial distributed under aCC 2.0 BY-NC-SA Licence.

cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • From: "Greg London" <email AT greglondon.com>
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Retracting masterial distributed under aCC 2.0 BY-NC-SA Licence.
  • Date: Fri, 8 Dec 2006 20:37:25 -0500 (EST)


> All:
>
> I received a very polite, informal, "cease and desist" letter.
>
> Basically, the sender wants all of my material that mentions a specific
> website to be removed from public distribution.

> All of the affected material was distributed under a CC-BY-NC-SA 2.0
> license.

They want you to not mention a website in your content?
Or did you distribute someone else's content and it mentions the website?

If someone gave you CC-BY-NC-SA content, I don't think you are
under obligation to take it down. If you took someone's content,
rolled it into your own work and licensed that work CC-BY-NC-SA
but the original was not, then if it's Fair Use, they still shouldnt
be able to force you to take it down. (I did say "should"). If it's
more than Fair Use, then OK, they have a right to have you take it
down.

There are a lot of unknowns in this equation.
Perhaps just a few more details.

> I've gone thru that licence, and can't find a way to prevent further
> distribution of the offending material. Have I missed something?

Again, it sort of depends on the original content.
If the original was CC-BY-NC-SA, then you could take
it down, but no one else can be forced to take it down.
If the origianl content was not CC-BY-NC-SA, but you
only used Fair Use, then you can take it down, but you'd
be fairly hard pressed to force anyone else to take it down,
since it's legal content.
If you used more than Fair Use, then other sites would have
to take it down, but you or the original content owner would
have to inform these downstream folks of the problem.

Even if you go through your web access logs and find out who
downloaded the content, that won't tell you what sites ended
up using it, since there's always sneakernet.

You might try googling for the URL and/or some unique phrases
from the content to find the content. Since you have attribution,
the title, authors name, and URL if provided should be on all
downstream websites. That might make googling a bit easier.

But then whether they take it down is a matter of what state
was the original content.

All the best,
Greg

--
Take the Courage Vow
http://www.couragevow.com/
Pass it on.




Archive powered by MHonArc 2.6.24.

Top of Page