[cc-community] Strengthening the CC-BY-SA copyleft with respect to code

Alan Cox alan at lxorguk.ukuu.org.uk
Tue Dec 20 14:50:46 EST 2011


> At any rate, right now if an artist wants to create art for use only in
> open source software (or at the very least, software with a sharealike
> license), they have no viable licensing options.  This is particularly
> frustrating since those protections *are* available to people who write
> code.

Actually not, and for good reason.

The question you are heading for I think is the question of when is
something a single dervied work or not.

In the software case I can't use copyright law to write an editor
and forbid you from writing proprietary software with it. In the
artwork case you can't stop me loading your NC photo into a non-free paid
for app.

There are cases its annoying, there are cases where the boundary in law
may well be dubious, and certainly the boundary in question is at best a
fog not a line. There are however lots of cases where such degree of
control would be objectionable to society. Imagine if Windows could
forbid viewing CC content !

I would personally be very surprised if a game that was no use without
that artwork was in fact multiple independent works but I am not a lawyer
and this area is definitely a lawyers minefield.

Also if the issue is the boundary of copyright and what is a work then a
copyright licence cannot I think fix the problem.

Alan


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