[cc-licenses] New Generic and ports

Andres Guadamuz a.guadamuz at ed.ac.uk
Sun Oct 8 08:22:27 EDT 2006

drew Roberts wrote:
> My question was, I think, asked in light of a comment that a judge would use 
> the licensors jurisdiction except in the case of "really"? transformative use 
> in which case the judge would use the licensees jurisdiction. (A dim memory 
> makes me think it was not only the jurisdiction but the intent of the 
> licensor or licensee.) Also, if I recall correctly, this was following a 
> question of the meeting of minds in jurisdictions where the licenses are 
> legally contracts.
> I understand you take, but I don't think it actually answers my particular 
> question.
Ok, I understand. I really don't have much to add to what Peter has 
already said in that respect, I think that his analysis was accurate.

> Doesn't this assume that it is CC's mind that matters and not the parties to 
> the contract? I have already been told that that is not correct.

As the licences are form contracts, the licensor's mind is whether they 
use an existing CC licence, and the licensee's mind is whether they 
modify and redistribute the work complying with that licence. IMO, CC's 
mind does have some bearing, because they drafted the licence, but CC is 
not a party to the contract as such (I understand why people disagree 
with this view).  It is CC's role to make sure the ported licences are 
compatible within a reasonable extent. A lot of work goes into ensuring 
this is the case.



Andres Guadamuz
AHRC Research Centre for Studies in
Intellectual Property and Technology Law
Old College, South Bridge
Edinburgh EH8 9YL 

Tel: 44 (0)131 6509699
Fax: 44 (0)131 6506317
a.guadamuz at ed.ac.uk

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