[cc-licenses] New Generic and ports
a.guadamuz at ed.ac.uk
Sun Oct 8 04:47:29 EDT 2006
drew Roberts wrote:
> First, let me say that it seems you took my question above as some "comeback"
First of all, apologies, I can come across a bit snippy, particularly if
I' writing late and I've been working all day :)
> Personally, I am only interested in BY-SA for my own works and BY for possible
> use in my BY-SA works.
> There may indeed be a lot of ND works out there but I don't consider them as
> being too useful to a creative commons.
I think that ND is still an important element of CC. I was checking
statistics and as of today, about 23% of Yahoo linkbacks direct to ND
licences. I think that ND is indeed greatly useful for some types of
works. I have published a couple of articles using BY-NC-ND because I
don't mind if people re-use and re-publish them, but I don't see much
sense in anyone making changes to the article and re-publishing under
their name. However, I agree that ND may not be as valuable in other
> Well sure, not yet. But in 20 years? If there isn't going to be this long
> chain of re-use, do we really need a creative commons? Do the majority of
> people involved in the creative commons actually believe that a creative
> commons is important?
I think that this is a good question. I have been analysing chains of
re-use in open source for quite a while, and I think that the derivative
will eventually be so unique that it is perfectly possible that it will
be an original work in its own right. This I think applies to all open
licences. I think of it as evolution, minute changes eventually lead to
However, let's analyse an international chain of distribution. Let's say
that I write a song and release it under CC-BY-SA Scotland licence.
Somebody in Slovenia takes the song, remixes it and releases it. They
are under an obligation to republish under CC-BY-SA, but they can choose
their local version. So the derivative will be CC-BY-SA Slovenia. Then a
Mexican remixes and releases their version under CC-BY-SA Mexico. Then a
Colombian musician remixes it again, but they don't use the licence. Can
I sue for breach of contract? I believe I can, but to sue for breach of
contract I would have to have third party rights. It would be easier for
the Mexican musician to sue for me. However, I can easily sue for
In my opinion, the fact that all intermediaries are using ported
versions of the same licence is of no importance to the final result. By
the way, this is also a problem encountered in other copyleft licences.
Shameless plug here, I have written an article explaining precisely this
scenario using the GPL as an example. You can find it here:
> This was unnecessary in my humble opinion. However, I do know that it is easy
> for such things to slip in online discussions.
Again, apologies. The assumption that English always prevails and should
be used by anyone is one of my pet peeves (I'm not accusing you of
holding this view by the way).
AHRC Research Centre for Studies in
Intellectual Property and Technology Law
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a.guadamuz at ed.ac.uk
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