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  • From: "Andres Guadamuz" <a.guadamuz AT ed.ac.uk>
  • To: <cc-uk AT lists.ibiblio.org>
  • Subject: Re: [Cc-uk] Ganfyd live with medical variant of CreativeCommons Licence
  • Date: Fri, 13 Jan 2006 10:57:59 -0000

You can modify the licences as Creative Commons does not assert copyright over the text of the licences. However, the use of the logos and the name "Creative Commons" is restricted under CC's trade mark policy, which can be found in any legal code:

"Except for the limited purpose of indicating to the public that the Work is licensed under the Creative Commons Public Licence, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time."

Here is a link to the policy page:

http://creativecommons.org/policies

Andres

-------------------------
Andres Guadamuz
AHRC Research Centre for Studies in
Intellectual Property and Technology Law
Old College, South Bridge
Edinburgh EH8 9YL

Tel: 44 (0)131 6509699
Fax: 44 (0)131 6506317
a.guadamuz AT ed.ac.uk
http://technollama.blogspot.com/

----- Original Message ----- From: <rob AT robmyers.org>
To: <cc-uk AT lists.ibiblio.org>
Sent: Friday, January 13, 2006 10:41 AM
Subject: Re: [Cc-uk] Ganfyd live with medical variant of CreativeCommons Licence


Quoting Stuart Yeates <stuart.yeates AT oucs.ox.ac.uk>:

[I'm not a lawyer, this is not legal advice]

rob AT robmyers.org wrote:
It's an interesting idea to limit editing to representatives of a particular
professional domain. In many ways the GPL does this implicitly for Free
Software, and the fact that software must run eliminates incompetent
contributions. I assume there are medical registries you can check to ensure
that contributors are who they say they are.

GPL software is released that doesn't compile.

This is an objective measure of the quality of the code, and it immediately
prevents the program from being compiled and used "in production" on a
computer
system. For medical information, harm might not be immediately obvious
and might
only become obvious when the product is "in production", and it may be put "in
production" in uses outside a medical institution where it cannot be
competently evaluated.

I appreciate that nuclear reactor software released under the GPL that has a
slow memory leak which will cause a meltdown after two years would be
equivalent. But it's different case to a crank editing BY-SA medical
documentation and circulating it in the general community. That would be more
like someone adding malicious code

We then get on to how you identify cranks and whether uses of cultural or
technical works differ from uses of software.

Nightly builds and other forms of snapshot frequently don't compile.
This doesn't reflect at all negatively on the competency of those
involved, it's merely a software engineering strategy to ensure that
issues caused by people independently working on the same code are
found and fixed rapidly.

Certainly. And disallowing intelligent but non-professional people from
editing
work does reduce the amount of review and contribution. I am sure that a
project to produce medical information can competently review contributions.
And a crank could redistribute misleading derivatives anyway. So where's the
harm in adopting a Wikipedia "self healing" model over a
medical-practitioners-only license? It still feels like medical information is
more important. Maybe.

This is a very interesting case study. :-)

I believe that whether or not you can produce a variant of the
licence depends on the copyright licence under which the licence
text is released.

I have seen variant CC licences before. I was under the impression that
you are
allowed to make them, but a quick search of CC's web site doesn't show
anything.

- Rob.


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