[cc-licenses] CreativeCommons.org clarification on CC-BY section 4.a? (was Compatibility of Attribution license with Trialware)

Melissa Cotano melcotano at yahoo.com
Thu Oct 5 16:28:15 EDT 2006


Hi,
  
  Terry raised a very good point and I would like to know if the folks at CreativeCommons.org can help us better understand CC-BY section 4.a.
  
  In my case I am making commercial screensavers and would like to use CC-BY 2.0 images. The trick is that the screensavers are to be distributed as trialware (like the original poster's game.)
  
  I understand that because the software would expire after a given period of time this might infringe on CC-BY section 4.a (the images are embedded in the binary.) So what if I also install those images in a separate folder on the user's PC. They would also be accessible at anytime.
  
  Would this by comply with the license?
  
  Best regards,
  
  -Melissa

Terry Hancock <hancock at anansispaceworks.com> wrote: Melissa Cotano wrote:
>  CC-BY section 4.a states that:
>  "You may not distribute, publicly display, publicly perform, or
>  publicly digitally perform the Work with any technological measures
>  that control access or use of the Work in a manner inconsistent with
>  the terms of this License Agreement"
>
>  I would say that trialware "controls access and use of the work"
>  (since after a period of time that work becomes unavailable.) Now
>  what I am not sure is if this is considered to be "a manner
>  inconsistent with the terms of this License Agreement."

Yeah, it would be inconsistent with "CC-By" since the license permits 
access indefinitely,
whereas the trialware shuts down after a period of time (i.e. the 
control prevents access at a time when the license -- CC-By -- would 
still permit access, hence it's inconsistent with the license terms).

The reason why this wouldn't affect the original poster's problem is 
just that the content under the CC-By is separate from the program that 
displays them. So as long as the content remains accessible even after 
the trial has expired, the license on the content is not affected, IMHO.

Cheers,
Terry

-- 
Terry Hancock (hancock at AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com

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