[cc-licenses] Creative Commons & Copyleft question?

Charles Iliya Krempeaux supercanadian at gmail.com
Wed Aug 30 16:31:40 EDT 2006

Hello Peter,

On 8/30/06, Peter Brink <peter.brink at brinkdata.se> wrote:
> Charles Iliya Krempeaux skrev:
> >
> > As you said, not according to the law.  But (to be blunt)... so
> what?!  So
> > what if the law defines it (or redefined it) that way
> >
> > When I speak I use the definition of words (like "derivative" and
> > "collective work") that are in my head.  This definition is usually
> similar
> > to the definition of my friends, colleagues, co-workers, and others I
> > associate with.  I learn definitions through various means from those I
> do
> > or have associated with and through materials I can learn from.
> >
> > We have things like dictionaries to help people who do not associate
> with
> > each other communicate with each other by keeping people's definitions
> of
> > the same words similar.
> >
> > If the law said "2 plus 2 makes 5", I'd still think "2 plus 2 makes 4".
> >
> > To me, it seems obvious all "collective works" are "derivatives" based
> on
> > how I've learnt "collective works" and "derivatives" to be defined.
> >
> > Now, having said that, when writing something like a license, I can see
> > that
> > one is compelled to use the language and definitions as given in the
> law.
> >
> It might be worthwhile to realise that laymen (i.e. non-lawyers) are not
> the intended audience of the license text, lawyers are. In the end, if
> there's a dispute over how to understand the license, legal
> professionals are the one's who will be called upon to arbitrate the
> conflict. And they will read the license using the legal language they
> have been trained to use. If there's a concept called "derivative work"
> in the license, then everyone will assume that it's the concept used in
> copyright law that's intended.
> Trying to rewrite the central concepts of copyright law would, IMO,
> weaken the license, making it less defendable in court.

That makes sense.  (Thanks for the explanation.)

    Charles Iliya Krempeaux, B.Sc.

    charles @ reptile.ca
    supercanadian @ gmail.com

    developer weblog: http://ChangeLog.ca/
 Make Television                                http://maketelevision.com/
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