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cc-licenses - Re: [cc-licenses] The termination provision

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Subject: Development of Creative Commons licenses

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  • From: Gregor Hagedorn <g.m.hagedorn AT gmail.com>
  • 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 19:12:05 +0200

(Diane, I think the interpretation of "termination" is not as glass
clear as you imply. It is likely to be decided by the courts in the
way you state, but that is not necessarily obvious in the language. If
a rental contract terminates for some reason (as in "if you stop
paying the rent, the rental contract will automatically terminate
after 1 month rent is overdue") there is nothing in that statement
that prevents renewal of the rentral contract. You assert that the CC
license does prevent a renewal and I accept that this is the
intention, but:)

---

Is the possibility of a renewal of a licence contract between 2
parties, after the violation causing a termination undesirable?

If yes, why so?

The cited FAQ (
http://wiki.creativecommons.org/Frequently_Asked_Questions#What_happens_if_I_want_to_use_the_work_in_a_way_that_is_not_permitted_by_the_license.3F
) is dealing exactly with quite a different situation: someone wants
to continue using a work in violation of the license. Here we discuss:
someone has (let us assume unintentionally) violated the license,
corrected the error and wants to start using the work again now. The
option to contact the copyright owners is not available because they
choose to be not contactable, relying on the CC license instead.

What is the contingency plan?

----

I therefore propose that CC 4.0 the interpretation of termination be
amended to allow a renewal of the license once the violation of the
license is stopped or fixed (e.g. proper attribution added).

Gregor




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