[Cc-ie] Basic question...

Whelan, Darius D.Whelan at ucc.ie
Tue Jan 20 14:58:02 EST 2004


I agree with Antoin's comments, and would add that as far as we know, once
the Irish licence has been adopted, there will be various versions
available, so that you can restrict / open certain rights.

One of the documents we received includes a step (e) in the drafting
process:

'(e) "Port" the remaining licenses.
Use the provisions of the Attribution-NonCommercial-ShareAlike license to
assemble the remaining 10 licenses.  This should be a copy-and-paste
operation.'

Darius

Dr Darius Whelan, 
Law Department, University College Cork,
Ireland.
Tel. +353- 21- 490 3452   Fax +353 -21 -427 0690
d.whelan at ucc.ie    mailto:d.whelan at ucc.ie
Irish Law Site at UCC - http://www.irishlaw.org





-----Original Message-----
From: Antoin O Lachtnain [mailto:antoin at eire.com]
Sent: Tuesday, January 20, 2004 5:38 PM
To: cc-ie at lists.ibiblio.org
Subject: Re: [Cc-ie] Basic question...



the creative commons people are adopting what would be called in computing 
land a 'stack'  or 'layer model' approach to this.

If you look at http://creativecommons.org/projects/international/ it 
explains it somewhat.

There are some fundamental problems at the core of what is being done here. 
The licenses are translations into local law, to ensure the CC principles 
or 'deed' are enacted in as similar as possible a way in all jurisdictions.

There is a fair degree of second-guessing involved here. It's theoretically 
quite tricky. It is obviously impossible to guarantee that the different 
contracts will all be implemented into practice in the same way in all 
countries as a result of the 'translegalisation'.

In practice, though, this is the sort of approach large companies use to 
standardize their contracts for services and software licenses and the 
like. It's worked for the likes of Oracle, ATT and IBM, so it will probably 
be fine for this purpose too.

So to answer the questions you actually asked:


>a) Are the generic CC licences valid in Ireland?

as valid as any other licence or contract.


>b) If I choose the Irish licence what do I do if I want to restrict/open
>certain rights, as I can with the generator?

eventually (i guess) there will be a generator which takes country into 
account. For the moment, you just use the standard one. The 'digital code' 
will be the same anyway.

Antoin.



Antoin O Lachtnain
antoin at eire.com

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