[cc-community] A case against CC-BY-SA 4.0 -> GPL

Mike Linksvayer ml at creativecommons.org
Thu Dec 15 02:00:14 EST 2011


On Wed, Dec 14, 2011 at 2:20 PM, Maciej Pendolski
<beholder0x100 at gmail.com> wrote:
> Assuming that an opt-out mechanism would be in place, what would it mean if
> CC-BY-SA-licenced content would be based in parts upon CC-BY content? Would
> CC-BY content be "promoted" to CC-BY-SA and then to GPL? Or would CC-BY
> content be still under same licence and only CC-BY-SA would be changed to
> GPL leading to incompatibility?
>
> In that debate I have mentioned before (GPL->BSD) it was argued (I'm not
> sure if rightly) that a driver was not changed "enough" so it was illegal to
> licence it under GPL. Could CC-BY content be directly "promoted" to CC-BY-SA
> or not?
>
> Lastly, CC-BY-SA content creators could opt out, CC-BY content creators
> could not. I'm not sure that this would be a problem to anyone but I'm just
> trying to find holes in everything.

I don't see why CC-BY licensors would object; they've agreed to allow
their works used in unmitigated copyright adaptations, or any terms
more restrictive than CC-BY. To the extent CC-BY is currently
incompatible with GPL, it would be a (maybe) minor issue of alignment
(which would need to be addressed if any form of compatibility were
desired) not question of licensor intent.

(Therefore whether CC-BY works first incorporated into CC-BY-SA
doesn't provide an additional use case, with respect to CC-BY and
GPL.)

Mike


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