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  • From: Diane Peters <diane AT creativecommons.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Cc: Wikimedia Mailing List <wikimedia-l AT lists.wikimedia.org>
  • Subject: Re: [cc-licenses] The termination provision
  • Date: Mon, 27 Aug 2012 07:57:54 -0700

To answer Greg's question, in 3.0:

"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.

In 4.0d2, we moved the "express permission"  to the termination provision in Section 5(a), the intention being the same operation as in 3.0 but placed in a more appropriate location in the license.

This Public License is perpetual for the duration of the term of the underlying copyright or Copyright-like Rights licensed by Licensor. If You fail to comply with any condition of this Public License, this Public License terminates automatically, and You must obtain express approval from Licensor to use the Work thereafter.

As already noted, this is open for discussion and we welcome this discussion.

Diane


On Mon, Aug 27, 2012 at 7:45 AM, Gregor Hagedorn <g.m.hagedorn AT gmail.com> wrote:
The original line of thought on:
http://wiki.creativecommons.org/4.0/Sandbox#Termination
is: "Any licensee is banned from using the work again, even to correct
his mistake." However, is this correct?

Termination of license may perhaps _not_ preclude that a licensee can
enter into a new agreement (fresh use of the license) after the
violating condition was fixed ("cured"). (GPL wording seems to imply
that this is impossible, but this is not further explained).

Is it possible to take out a CC license again for the same work, after
violations have been fixed? (If yes this discussion can be closed).

Gregor
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