[cc-community] by-sa and exlusive edition (was: Guidance about Patenting and the best License for a Book)

drew Roberts zotz at 100jamz.com
Tue Sep 30 12:24:01 EDT 2008

On Tuesday 30 September 2008 12:02:04 Dr. Peter Troxler (Waag Society) wrote:
> On 30 sep 2008, at 01:12, Terry Hancock wrote:
> > The By-SA license is "free", which means
> > that material can be re-used in free resources like Wikipedia, etc.
> > But
> > in order to make an _exclusive_ derivative (say, in a commercially-
> > sold
> > book), they would have to buy a license from you.
> > (...)
> > If they do want to have an exclusive, so as to be able to charge more,
> > they'll have to come to you for a royalty agreement, and you'll get
> > some
> > of the income.
> Terry: can you help me to understand your reasoning here?
> -- are you saying that if something is licensed under a by-sa license
> and given away for free then licensees have to give it away for free
> as well

No, they don't. They can sell your unmodified version and they can sell their 
modified version. But they have to use the BY-SA license on their modified 
version. That means you can sell your unmodified version, their modified 
version and your modified version of their modified version. You will then 
have to use the BY-SA license on your modded version.

I think what Terry is saying is that this will keep them "honest" as if they 
try to charge crazy amounts in the market, you (or anyone else) can undercut 
them in price and cause them to bring their prices down if they want some 
sales. Say they sell it and don't give it away free. Just buy one copy and 
then you give away copies for free if you like. How many will they be able to 
sell at high prices now?

> and cannot develop it into a paid-for product (e.g. by adding 
> their own material, distributing it in some special format etc.)?  is
> that paid-for product (e.g. by adding their own material, distributing
> it in some special format etc.) what you call "an exclusive"?

If they want to make these modifications and not use the BY-SA license on the 
resulting modified work, then they have to work out a private deal with you. 
if they make this deal, then they can choose their price and not have to 
worry about being undercut but you wll get your bit from the side deal you 
amde with them.
> / Peter Troxler
> / Senior Project Manager
> / Waag Society :: Nieuwmarkt 4 :: 1012 CR Amsterdam :: The
> Netherlands :: +31 20 557 9898

all the best,


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