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

drew Roberts zotz at 100jamz.com
Thu Oct 5 16:58:18 EDT 2006


On Thursday 05 October 2006 04:28 pm, Melissa Cotano wrote:
> 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?

Someone else can try and answer that, but could you do that plus have a menu 
option to write out the files from within the program itself and shut down 
the rest of the functionality but not that? Would that work for everyone?
>
>   Best regards,
>
>   -Melissa

all the best,

drew
>
> 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

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http://www.ourmedia.org/node/145261
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