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Subject: Development of Creative Commons licenses

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  • From: Diane Peters <diane AT creativecommons.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] Public Domain Mark v0.8.5
  • Date: Fri, 20 Aug 2010 08:09:46 -0700

Hello everyone,

Thanks again for the valuable and thoughtful input on this list and elsewhere.  We are now at the end of the formal public comment period and have a version 0.8.5 posted, based on some nuanced tweaks to version 0.8 posted at the beginning of this week:

PDM v.0.8.5
Demo of PDM button (you can also get to this by clicking on the work link on the deed)

The changes to the PDM are as follows:
  • Additional explanation links for key concepts.
  • A note at the end of the main text that references the Other Information section toward the bottom.  The main driver for this has been concern expressed by several that the statement expressing what one can do with the work failed to account for concepts to which users should be alerted (privacy rights, etc.), or alternatively, that the statement was at odds with those alerts.  On this latter point, we want to convey that the main text and the Other Information sections are designed to work together, not at odds.
  • A new statement making clear that works free of copyright in one jurisdiction may not be similarly free in other jurisdictions.
  • The disclaimer of warranty clause now contemplates the possibility that someone marking a work with the PDM may offer a separate warranty for the work.
Please feel free to contact me (or post to this list) if you have any residual comments on the text or other questions.  Our next steps are to complete the technical implementation, educational materials, including FAQs, and the chooser.  We will keep this list updated as we progress on these next steps.

Diane

On Mon, Aug 16, 2010 at 8:11 AM, Diane Peters <diane AT creativecommons.org> wrote:
Dear all,

We have posted PDM v0.8 for comment.  Thanks to everyone on this list for the valuable comments to date.  They were very helpful to our resolution of the issues raised to date.  The next iteration of the PDM deed (and for your reference, the CC0 deed with relevant corresponding modifications) can be found here:


Several of the comments we received on v0.7 related to the main text on PDM, including (i) potential inconsistencies between the main text and a later statement that the work is not protected by "known current restrictions", (ii) the desire to have the text parallel more closely the terminology of CC0 in the sense of identifying an actor ("the person identifying...") while also wanting to distinguish between the dedication function of CC0 and the identification function of PDM, and (iii) and a request that the main text/deed overall be more user friendly.  The text has been restructured slightly to take these concerns into account, while retaining its service as originally intended.  We have also placed the Public Domain Freedoms text just beneath rather than in an info box, and done the same on the enhanced CC0 deed (second link, above). 

Other changes include eliminating the first bullet under Other Information given the newly structured main text, eliminating the reference to "Universal" (though we promise we'll make clear wherever possible that PDM will not be ported), and accounting for the possibility that persons identifying public domain works may want to provide warranties -- though the default remains no warranty.

We look forward to comments on any remaining issues, as well as the changes we've made and reflected on the new deeds.  Feel free to post those here or to email me directly.  Thanks again for your detailed and careful comments to date.

Best,
Diane

--
Diane M. Peters, General Counsel
Creative Commons
171 Second St, Suite 300
San Francisco, CA  94105
office: +1 415-369-8480
fax: +1 415-278-9419
cell: +1 503-803-8338
skype:  peterspdx
email:diane AT creativecommons.org
______________________________________

Please note: the contents of this email are not intended to be legal advice nor should they be relied upon as, or represented to be legal advice.  Creative Commons cannot and does not give legal advice. You need to assess the suitability of Creative Commons tools for your particular situation, which may include obtaining appropriate legal advice from a licensed attorney.





--
Diane M. Peters, General Counsel
Creative Commons
171 Second St, Suite 300
San Francisco, CA  94105
office: +1 415-369-8480
fax: +1 415-278-9419
cell: +1 503-803-8338
skype:  peterspdx
email:diane AT creativecommons.org
______________________________________

Please note: the contents of this email are not intended to be legal advice nor should they be relied upon as, or represented to be legal advice.  Creative Commons cannot and does not give legal advice. You need to assess the suitability of Creative Commons tools for your particular situation, which may include obtaining appropriate legal advice from a licensed attorney.




  • [cc-licenses] Public Domain Mark v0.8.5, Diane Peters, 08/20/2010

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