[cc-licenses] different license for different bitrate

Dana Powers dana.powers at gmail.com
Thu Dec 21 13:07:51 EST 2006


without looking at the complaint/judgment/etc, it sounds like this had
more to do with the scope of the "free" license, and not the interplay
between the two.  But there's no doubt that (certain) CC licensors are
granting explicit permission to resell their work.

This does highlight that there may be an independent creation problem
with licensing multiple bitrates.  If there's no actual copying
involved, I can see no reason why a licensor of a CC-BY low bitrate
file couldn't upsample themselves, to the extent that technology makes
that possible.

dp

On 12/21/06, Michelle Konzack <linux4michelle at freenet.de> wrote:
> Hello James and *,
>
> Am 2006-12-14 10:18:02, schrieb James Grimmelmann:
> > I think that this is correct, but I would not swear to it without more
> > investigation.  I think Tomos is right that the critical fact is that
> > the higher-resolution photo contains details that really are additional
> > copyrightable expression.  If the difference between the two version
> > were so small as to not make the difference copyrightable, then anyone
> > encountering version A might be free to use the license given out with
> > version B.  But because the originality threshold in copyright law is so
> > low, bitrates of 128 and 256 kbps seem like they would be different enough.
> >
> > This is not legal advice.
>
> I was offering selfmade soundsamples in 64kBit (ogg) for free and
> 384 kBit (shn) non-free.  There was someone which had bought the
> 384 kBit files and resampled them to 128 kBit and selled it.
>
> After I have found it par hassard, I took juridical action against
> this person and he claimed that he has the right to do it since I
> offer samples under a free license.
>
> After an examation juridical of over 6 month I have gotten the FRENCH
> judgement that ONLY the Copyright holder can do such stuff, except if
> I sell Reseller licences to someone...
>
> I can offer in france the same soundfiles in two qualities (Example
> and Original) and distribute it under TWO different Licenses.
>
> Pease note, that most Sellers/Providers offer only shorted samplefiles
> to avoid such juridical problems...
>
> Greetings
>     Michelle Konzack
>     Systemadministrator
>     Tamay Dogan Network
>     Debian GNU/Linux Consultant
>
>
> --
> Linux-User #280138 with the Linux Counter, http://counter.li.org/
> ##################### Debian GNU/Linux Consultant #####################
> Michelle Konzack   Apt. 917                  ICQ #328449886
>                    50, rue de Soultz         MSM LinuxMichi
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>
>
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