[cc-community] Are translated versions of CC BY-NC-ND 3.0 España different licenses?

jonathon jonathon.blake at gmail.com
Wed Dec 14 15:03:40 EST 2011


On 14/12/11 19:23, Nathan Kinkade wrote:

> Similarly, removing /legalcode.ca doesn't change which license the work is under, notwithstanding any typos in that
 translation of that particular legalcode.

Typos can, and do affect the meaning, and thus both the apparent intent,
and effect of the license.

Do you really want to argue with a copyright holder that your sale of
CC-BY-SA content is not a license violation, because the unported
license permits the resale of content, even though the ported license
that was used for the license specifically prohibits the resale of the
content? I doubt that any competent judge will buy the argument that the
"no resale allowed" clause in the CC-BY-SA (ported) license is merely a
typo to be overlooked.

I realize that the specific example here is CC-BY-NC-ND, but unless one
has specifically studied both the CC-BY-NC-ND (ported) and the
CC-BY-NC-ND (unported) version, and can legally demonstrate that the two
are identical in scope, meaning, intent, and effect, then assuming that
the two are congruent, is an assumption that will backfire upon one.

jonathon


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