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cc-licenses - Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use

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Subject: Development of Creative Commons licenses

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  • From: Jordan S Hatcher <jordan AT opencontentlawyer.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
  • Date: Mon, 1 Oct 2007 15:41:44 +0100


On 1 Oct 2007, at 14:46, paola.dimaio AT gmail.com wrote:

however, given the possible mess, I think the simple way around is
that I will create an ethical clause and place it as a precondition
for licensing any of my work
if the condition is met (eithical criteria etc), then then work can be
used under the terms of the cc (license type to be selected)

This would cover my purpose and not interfere with any licenses

The end result is *still not a Creative Commons licensed work. The licence of the work in the scenario described above is your precondition + the terms of a CC licence. This is *not a CC licence because it is the equivalent to you having one document that had all the CC licence terms + your "ethical use only" clause.

It is not, for example, CC-BY-SA compatible (IMO) because YOU have added another restriction to the work.

As an illustration, say you had said that everyone except the military could use your work as CC-BY-SA. The goal of as well as the text of the CC-BY-SA licence does not allow for discrimination based on fields of endeavor. You have added a clause (call if a 'precondition' if you like, it is still a part of the terms for using the work) that discriminates on who can use the licence. Therefore it is not compatible with CC-BY-SA material.

I also don't see how you can call the end result a CC licence, as what you are really doing is creating a licence that is your precondition + the terms of a CC licence. As mentioned, that is the PDM licence, and not a CC licence.

Thanks!

~Jordan


____
Mr. Jordan S Hatcher, JD, LLM

jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net

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http://www.opencontentlawyer.com/open-data/

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http://www.eduserv.org.uk/foundation/studies/cc2007






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