[Cc-be] Very quick comments on CCs-[BE] and playground for other discussions.

Alexandre Dulaunoy alexandre.dulaunoy at ael.be
Sun Nov 21 12:59:29 EST 2004


Hi All,

Here is my 'quick' comments on the CCs and the effort of adaptation in
Belgium. A large part of the comments is regarding the CCs on a global
scale but  some points [BE  prefix] are related to  the local/national
adaptation.

[rev. 0.0.1]

* Disclaimer

Only   the  "free"   perspective  and   the   collaborative  framework
creator/works is taken in consideration.

* Introduction or do I understand the CCs ?

First of  all, I want  to be  sure that I  understood the CCs  and the
coverage  of CCs.  The  CCs coverage  is primarily  the non-functional
works[1]  therefore functional  works  are normally  covered by  other
licenses.   Functional   works  are  software,   "computer  programs",
functional  documentation[2] or  works  having an  integrated part  of
another functional works.

But digital society  is evolving to more and  more functional works, a
lot of non-functional  work can become functional by  the need to make
(for example)  derivative works. Its  easier to make  derivative works
when you have the initial "source" of the works. This is not the scope
of the comments.

CCs  is  a framework  proposed  to  authors/creators  to pick  various
licenses  by granting  or  revoking certains  of  their rights.   It's
difficult to find exactly which  licences can be considered as free[3]
as a large part is clearly non-free[4] but proposes a clarification of
old classical approach (e.g. : No Derivative and/or No Commercial is a
clarification of the old proprietary concept "Shareware").

[BE/Global]   CCs  should   use   a  clear   terminology  when   using
"free"/libre/vrij terms.  Are the proposed  licenses free or not  ? an
update to the existing could be a good way.

CCs are here to simplify the  work of the authors/creators to choose a
"license" without too much legal complexity and to limit the number of
works with no exclusive rights open (default rule of copyrights).

If you feel I misunderstand something, please let me know.

* My comments on the belgian transposition :

(Scope : Compatibilities or can  I exchange work with CCs world and/or
the  other communities  ?  DRM  clause issue  ?  2001/29/CE still  not
transposed in Belgium but why using terminology from it ? Moral rights
and patrimonial rights in CCs ?)

[Note: in this  case, 'use' is using the original  work in another new
original work]

[BE] Are the BE adaptation of the CCs licenses are all compatible with
the other respective adaptation ?   Can I use a content licensed under
the CC-SA-1.0(en) in  my work licensed work with  a CC-SA-2.0(be-fr) ?
In the  case of CC-NC, a  author in US  wants to use my  work licensed
under a  CC-NC-SA-2.0(be-nl) but  the belgian translation  removed the
lending rights ?  How can I proceed with this issue without contacting
the  author ?  and  by  contacting the  author  ? Can  you  show us  a
practical example ?

[BE/Global] Are the  BE adaption compatible the other  CCs ?  is there
a compatibility matrix available somewhere with all the CCs licences ?

[BE] Moral rights and use of DRM/TPMs. How can you ensure the scope of
the moral  rights exercice to format  only ? It wouldn't  be better to
exclude fully moral  rights on the various licences ?  or to force the
scope on the 'patrimonial' side only ?

[BE/EU] Regarding the implementation of the 2001/29/CE, the "copyright
management  information" of  the article  7 is  closely linked  to the
article 6 of  the 2001/29/CE. I'm really afraid that  could be used to
clearly revoke  the 4a stating  the opposite. Why  do you want  to use
this terminology as the transposition is not done in Belgium ? Why not
keeping "copyright notice" ?

[BE] Can you explain the 8e modification ?

[BE] Is all  the exceptions in Section 5  (Exceptions aux droits) from
"loi  du 30  juin 1994"  (from Art.  21 to  Art. 24)  in  the licences
practicable ?

A quick feedback, feel free to comment (I open to discuss all aspects),

Thanks a lot for your work,

Kind regards,

adulau

PS : Do you plan to make a transposition of others CCs initiative like
the  public domain  certification. Can  we imagine  to make  a similar
certification in  the european region and  in Belgium ?  This would be
great to add more free works inside the free digital community.


[1] http://creativecommons.org/faq#faq_entry_3646
[2] http://creativecommons.org/faq#faq_entry_3647
[3] There is no clear  definition of "free" for non-functional digital
    works. Free concepts are in the functional world :

    http://www.fsf.org/philosophy/free-sw.html
    http://www.debian.org/social_contract#guidelines
    http://www.opensource.org/docs/definition.php

[4] http://people.debian.org/~evan/ccsummary.html


-- 
** Alexandre Dulaunoy (adulau) **** http://www.foo.be/ **** 0x44E6CBCD
**/ "To  disable the  Internet to  save EMI  and Disney  is  the moral
**/ equivalent of burning down the library of Alexandria to ensure the
**/ livelihood of monastic scribes." Jon Ippolito.



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