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  • From: Evtyushkin Alexander <alex.evtyushkin AT iis.ru>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: [cc-licenses] Possible ambiguity in the v.4
  • Date: Fri, 20 Apr 2012 14:22:02 +0400

Dear all,
in some places of the new version there is a text like that:

----------------
[Licensor waives or, where not permissible, agrees not to assert:]

2(b)(1)(ii) other ancillary rights Licensor has in the Licensed Work;
however, Licensor retains all other ancillary rights Licensor has in the
Licensed Work
and, for the avoidance of doubt, patent, trademark, privacy, personality and
publicity rights shall not be considered ancillary rights.
-------

This is really deceptive and ambiguous IMHO, as the statement says that:
(1) Licensor waives "other ancilliary rights", and
(2) Licensor retains "all other ancilliary rights".

How can one make difference, where there are simply "other ancilliary
rights", and where there are "all other ancilliary rights"?

The same again goes in the following text:
--------------------
[From Section 2(b) Other Rights]:
(1) To the extent possible and necessary to allow You to reasonably exercise
the rights granted to You under this Public License, Licensor waives or,
where not permissible, agrees not to assert:
(i) Licensor’s moral rights in the Licensed Work; however, Licensor retains
all other moral rights Licensor has in the Licensed Work...
--------------------------
There, again, one should make difference: whether there are Licensor's moral
rights or Licensor's "other" moral rights...

Maybe it should be corrected in some way or other, or further elaborated to
avoid ambiguity.

Sincerely,
Alex Evtyushkin
Institute of Information Society,
the partner of Creative Commons in Russia





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