[cc-licenses] newbie question on Creative Common License: Licensor Warranty of Rights Ownership?

DeepNet dan at deepnettech.com
Fri Mar 24 10:32:10 EST 2006


Thank you for the information Henri and Rob.. exactly what I needed
to know.

So one more question now that I know I have to add an addendum:

- I notice that direct inclusion of the content of the 2.5 Attribution CC license
is discouraged. All the insertion instructions provide 'linkage' text, rather
than direct content. This is different from GNU, which includes encourages
the inclusion of the actual license text and dissemination.

- The CC license itself is under CC Attribution license 2.5, I see.
So, if I want to include it's content directly, I thus can do so, correct
(as long as I maintain it's copyright/ownership info)?

- And, if I do include the license content directly, I can also modify it
since the 2.5 Attribution license allows this? I know the alternative
is to have two licenses... the original 2.5 CC, and an addendum, but
I don't like that and it's messy.

I'm no lawyer, but not including the actual license with the work seems a mistake
to me. What if the link to the license changes, or is not working? This seems
a weak point in the CC license.

Also, Evan has pointed out that the 1.0 Share-Alike CC license clearly HAD
such a clause in it regarding warrant from licensee to licensor.
Now, I don't want to use it exactly, as I prefer the attribution-only
aspects of the 2.5 CC license (I don't want the share-alike responsiblite of the 1.0
license, yet the attribution aspects in 1.0 are not clear, and I'm happy to abide by them).


Thoughts?

Thanks,

Dan Pronovost
dan at deepnettech.com
DeepNet Technologies
www.DeepNetTech.com


----- Original Message ----- 
From: "Henri Sivonen" <hsivonen at iki.fi>
To: "DeepNet" <dan at deepnettech.com>; "Discussion on the Creative Commons license drafts" <cc-licenses at lists.ibiblio.org>
Sent: Friday, March 24, 2006 3:10 AM
Subject: Re: [cc-licenses] newbie question on Creative Common License: Licensor Warranty of Rights Ownership?


> On Mar 24, 2006, at 07:50, DeepNet wrote:
>
> > - I want to protect myself from people submitting works
> > that they DO NOT have copyright ons (i.e. they submit
> > someone elses work, and accept the CC license anyway).
>
> Then you should have an additional agreement with contributors.
>
> > - In effect, I would like the license to say something like,
> > "Licensor warrants, to the best of their ability, that they
> > own the copyright to the Work, or otherise have rights to
> > the Work to allow this license to be valid"...
>
> This was in the 1.0 series and was removed. Putting it in the license
> is a bad idea, because you would yourself end up granting a warranty
> without consideration to random third parties.
>
> > - I've read the CC license generated above, and I don't
> > see anywhere where the Licensor gaurantees this kind
> > of thing to the Licensee?
>
> By design.
>
> > Can/Should I add a second agreement they
> > must also accept that simple states this as an extra thing?
>
> Yes, you should do this separately.
>
> As usual: IANAL, TINLA.
>
> -- 
> Henri Sivonen
> hsivonen at iki.fi
> http://hsivonen.iki.fi/
>
>




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