[cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use

paola.dimaio at gmail.com paola.dimaio at gmail.com
Fri Sep 28 13:32:57 EDT 2007


how do you recommedn that can I use a cc license, and prevent usage of
my work in an unethical context? (whatever defintion of unethical a
licensor may have)

I appreciate your advice

On 9/29/07, Jordan S Hatcher <jordan at opencontentlawyer.com> wrote:
> On 28 Sep 2007, at 17:21, paola.dimaio at gmail.com wrote:
> > to: cc thailand, cc discussion list, asiacommons
> >
> > We have had some recent discussions on the desirability/usefulness to
> > have an 'ethical use' clause as a possible add on to cc licenses
> >
> > I can chose, attribution, non commercial, non derivative, sharealike
> > but nothing prevents a third party to use an image for something that
> > I do not approve of (in an unethical marketing campaign or an
> > unethical website etc)
> >
> > In the story below I expect Virgin in turn can sue its Advertising
> > Agency, but thats beside the point
> >
> > How do I go about adding an 'ethical use' clause, Your Honors?
> >
> I am against adding any 'ethical use' clause in future revisions. The
> main reason is that it is difficult to be able to determine what
> would be 'ethical', and you are back to having to ask permission to
> use the work, which is what the CC licences are meant to address
> (constantly having to ask for a licence).
> I'm not too big of a fan of keeping in the moral right to object to
> derogatory treatment either (which is in *most licences), but
> undertsand why it is in there. It might be useful (depending on your
> jurisdiction) to stop uses that are 'unethical'.
> You wouldn't add in an 'ethical clause' to an existing licence
> either. At least you wouldn't add it in and still call the result a
> Creative Commons licence.
> If you want to approve use of your work on a case-by-case basis, then
> a CC licence is not appropriate.
> Thanks!
> ~Jordan
> ____
> Mr. Jordan S Hatcher, JD, LLM
> jordan at opencontentlawyer dot com
> IP/IT Blog: http://twitchgamer.net
> Usage of Creative Commons by cultural heritage organisations
> <http://www.eduserv.org.uk/foundation/studies/cc2007>
> "The Impact of Free Trade Agreements on Information Technology Based
> Business"
> <http://ssrn.com/abstract=984864>
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Paola Di Maio
School of IT

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