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

Anthony osm at inbox.org
Tue Dec 20 20:31:16 EST 2011


On Tue, Dec 20, 2011 at 7:37 PM, Alan Cox <alan at lxorguk.ukuu.org.uk> wrote:
> On Tue, 20 Dec 2011 17:28:10 -0500
> Anthony <osm at inbox.org> wrote:
>
>> On Tue, Dec 20, 2011 at 2:50 PM, Alan Cox <alan at lxorguk.ukuu.org.uk> wrote:
>> > In the
>> > artwork case you can't stop me loading your NC photo into a non-free paid
>> > for app.
>>
>> To load an NC photo into a non-free paid for app, you'd have to copy
>> it, wouldn't you?
>
> Yes but
> - in most jurisdictions its a "necessary step" or similar such wording so
>  unlikely to be counted as controlled by copyright.

"essential step in the utilization of the computer program"?  I guess
I don't see the use case you're thinking of.

> In the physical world you've got similar cases
>
> A takes a photo under NC
> B produces a big poster or two of the work under NC and gives them to C
> C sells them for $50 each

Well, yeah, the first sale loophole in NC is, I believe, a significant
one.  But then, what's the likelihood that B is going to do what he
did without any commercial or private financial motivation?


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