[cc-community] curry case

paul keller paul at waag.org
Fri Mar 10 08:40:04 EST 2006


as some of you will know the verdict in the case curry vs. weekend  
has been published yesterday. (for those of you who read dutch:  
http://zoeken.rechtspraak.nl/zoeken/dtluitspraak.asp? 
searchtype=ljn&ljn=AV4204&u_ljn=AV4204) weekend had taken BY-SA-NC  
licensed images from currys flicker page and used them as part of a  
story on curry (weekend is a dutch tabloid). curry had asked for an  
injunction and compensation wich he got albeit only a really small  
amount (€1000). there was also a second aspect to the case in which  
he wanted the court to forbid weekend to publish the adress of his  
daughters school, this one he did not win).

i have just read the verdict and from what i can tell (IANL at all)  
this is a really nice one for creative commons. (and there have been  
news items her with titles that read: 'cury case strengthens creative  
commons'). the verdict follows the argumentation of the licenses,  
concludes that the tabloid did not live up to the requirements of the  
licenses (both the NC and the BY part) and as a result was not  
allowed to publish these pictures. it doe snot follow the  
argumentation of weekend wich focussed on the text 'this picture is  
public' under the photos on the flicker pages. the court accepts that  
it is understandable that users get confused by this statement, but  
that especially a professional publishing company has to be more  
careful and that they could have clicked on the symbol and then they  
would have discovered the license conitions. therefore the judge  
concludes that the actions of weekend infringed on curries copyright.  
this does however result in a rather low compensation as in the eyes  
of the judge the pictures have only very limited value and as they  
have been published before the re-publication does not really damage  
reduce their value. therfore she does not award a compensation in the  
order of magnitude as sought by curry.

i have asked our legal team to look at the verdict and asked them for  
a professional comentary. as they are very busy at the moment it will  
probably take a bit of time but i will send you their commentary as  
soon as possible.

all the best,
paul

-- 
waag society | nieuwmarkt 4 | NL-1012 CR Amsterdam
e: paul at waag.org |  t: +31 20 557 9898 | f: +31 20 557 9880





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