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cc-licenses - Re: [cc-licenses] CC0 beta/discussion draft launch

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Subject: Development of Creative Commons licenses

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  • From: Jordan S Hatcher <jordan AT opencontentlawyer.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] CC0 beta/discussion draft launch
  • Date: Thu, 24 Jan 2008 15:16:16 +0000


On 23 Jan 2008, at 00:39, Mike Linksvayer wrote:

On 1/17/08, Jordan S Hatcher <jordan AT opencontentlawyer.com> wrote:
I
The major points:

-- (Just a note/comment) this is based on US law and isn't an
'unported' version. Is the unported template for internationalization
the Science Commons protocol?
-- Waiver of moral rights and the conversation we've been having
about CC v3.01
-- There is no sign up process like the current public domain
dedication -- Why not? I'd think that a 'signed writing' would be
needed or at least desired. Does this process fit that requirement?
If not, do you think some email process should be there?

I have no idea what qualifies as 'signed writing', so please educate
me, but I proposed this change internally because the email
verification doesn't verify anything -- any email address can be
provided and clicked through -- it is no different than just clicking
through another web form. The intention is for the confirmation form
to be scarier than it is now to warn people off, but we didn't have
time to flesh that out by the 15th (which was our self-imposed
deadline for opening for public feedback). That is definitely coming
(and the same language should presumably be used in an email
confirmation, if that is the rubber chicken that is legally required).

I don't know what is legally required. My thoughts are that assignments -- transferring your entire copyright to another -- usually require (AFAIK) some sort of signed writing. So you could have an oral license but only a written assignment. I haven't done any research in-depth on this one, but I'm just wondering if it could be a part of trying to do a public domain dedication. Some other thoughts are here:

<http://www.opendatacommons.org/2007/12/20/implementing-the-public- domain-dedication/>




So clicking a link in email is no different than clicking a link on a
web page (I say!:)), but the latter is far superior in the context of
a license chooser integrated with another site, which is how lots of
people choose a CC license, and probably will choose CC0.

Finally, going through the PD dedication, license chooser, or CC0
chooser doesn't actually dedicate, license, or waive anything. That
requires actually publishing the code provided on a web page or pages
you control. *That* is the step that is (logically, in my mind anyway)
equivalent to signing something. It is a distinct choice, and if you
don't do it, nothing is effected.

Good point that it is the placing on the content that is the act in this case. Still not sure how that fits in, I'll have to think more about this one.

~Jordan



Thanks again and in advance,
Mike



____
Mr. Jordan S Hatcher, JD, LLM

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

Open Data Commons
<http://opendatacommons.org>

Usage of Creative Commons by cultural heritage organisations
http://www.eduserv.org.uk/foundation/studies/cc2007








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