[cc-licenses] CC0 beta/discussion draft launch

Jordan S Hatcher jordan at opencontentlawyer.com
Fri Jan 25 07:27:16 EST 2008


On 23 Jan 2008, at 00:39, Mike Linksvayer wrote:

> I have no idea what qualifies as 'signed writing', so please educate
> me, but I proposed this change internally because the email
> verification doesn't verify anything -- any email address can be
> provided and clicked through -- it is no different than just clicking
> through another web form. The intention is for the confirmation form
> to be scarier than it is now to warn people off, but we didn't have
> time to flesh that out by the 15th (which was our self-imposed
> deadline for opening for public feedback). That is definitely coming
> (and the same language should presumably be used in an email
> confirmation, if that is the rubber chicken that is legally required).

A quick search found this ABA document that outlines some of the  
things I was thinking about in terms of signatures:

<http://www.abanet.org/scitech/ec/isc/dsg-tutorial.html>

Relevant bit:

> A signature is not part of the substance of a transaction, but  
> rather of its representation or form. Signing writings serve the  
> following general purposes:<3>
>
>     * Evidence: A signature authenticates a writing by identifying  
> the signer with the signed document. When the signer makes a mark  
> in a distinctive manner, the writing becomes attributable to the  
> signer.<4>
>     * Ceremony: The act of signing a document calls to the signer's  
> attention the legal significance of the signer's act, and thereby  
> helps prevent "inconsiderate engagements.<5>
>     * Approval: In certain contexts defined by law or custom, a  
> signature expresses the signer's approval or authorization of the  
> writing, or the signer's intention that it have legal effect.<6>
>     * Efficiency and logistics: A signature on a written document  
> often imparts a sense of clarity and finality to the transaction  
> and may lessen the subsequent need to inquire beyond the face of a  
> document.<7> Negotiable instruments, for example, rely upon formal  
> requirements, including a signature, for their ability to change  
> hands with ease, rapidity, and minimal interruption.

Thanks!

~Jordan
____
Mr. Jordan S Hatcher, JD, LLM

jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
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