[cc-licenses] various notes/questions on v3 draft

wiki_tomos at inter7.jp wiki_tomos at inter7.jp
Sat Aug 12 04:59:00 EDT 2006


Hello. Thank you for all the work in the development of 
this public discussion draft. Here are some of my 
miscellaneous comments that I don't think would 
deserve separate "subject:" headder.

I would like to add to some of Luis' comments, but 
that's for another email. 

The draft I comment on in this message is the Generic 3.0. 
dated as Aug 9, obtained from : 
http://lists.ibiblio.org/pipermail/cc-licenses/attachments/20060809/24ad86fb/attachment-0004.pdf


The draft I looked at are the generic license 

1) change in wording for Adaptations Works (3.b.)

3.b. contains a term "Adaptations Works" - I think "Adaptations" 
is more appropriate here given that Adaptation is defined in 1.b. 
as "a work based upon the Work, or..." It seems the term 
"Adaptations Works" is used only here, "Adaptations" are used 
in other parts of the license. 

I think a source of problem is that "adaptation" could mean 
an act of adapting a work, as well as a resulting work. Given 
the Berne Convention's language, this might be just something 
we have to live with.

2) organization of section 1

Section 1 is organized as follows: 
1. Definitions
 a. Collection
 b. Adaptation
 c. Licensor
 d. Original Author
 g. Distribute 
 h. Publicly Perform
 i. Reproduce
 j. Work
 k. You

subsections e. and f. are missing. :-)


3) Compatible licenses (4.b.) 

4.b. cites CC-BY-SA 2.1 Japan as an example of a license under which 
a licensee can choose to release his Adaptation. 

This is a good example not just because it exists (previously 
used example, CC-BY-SA 2.5 Japan did not), but also shows clearly 
that you can use a license with an earlier version number if 
it is for another jurisdiction. (ex. 3.0 generic to 2.1 Japanese). 
That is one less source of unclarity. 

4) Imposition of additional terms (4.b.) 

Regarding the sentense with footnote 7 of the 4.b., which reads: 
"You may not offer or impose any terms on the Adaptation that 
restrict the terms of this License or the ability of the recipient 
of the Work to exercise of the rights granted under the License."

The Work, as in other parts of the license, means the licensed 
Work, I think, as differentiated from the Adaptation. 

I wonder if a similar language is needed for Adaptation, then. 

"You may not offer or impose any terms on the Adaptation that 
restrict the terms of this License or the ability of the recipient 
of the Adaptation to exercise of the rights granted under the License."

Or is it the case that the "Work" here was meant to mean "Adaptation"? 


That's all so far. I might post more as when I find them. 


Best, 


Tomos



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