[cc-licenses] Subject Matter: Semiconductor Masks and Design Rights

Sarah Pearson sarah at creativecommons.org
Thu Apr 19 20:11:18 EDT 2012


Comments inline.


On Fri, Apr 13, 2012 at 12:47 PM, Rob Myers <rob at robmyers.org> wrote:

> On 04/13/2012 12:24 AM, Christopher Covington wrote:
> > For whatever it's worth, I think semiconductor mask rights are so
> > similar to copyright that they should be given the same
> > treatment--licensed rather than waived. Design patents should probably
> > be treated similarly to traditional patents. I for one am in favor of an
> > explicit patent grant. I don't have much more than a piecemeal
> > understanding of all the issues and a gut feeling to motivate these
> > positions, however.
>
> One problem is that the CC 4.0 licenses will be used internationally. So
> if you are in a country with mask rights but I am not, and I am in a
> country with design rights but you are not, and we use each others work
> then we may not be bound by the license in the way that the licensor
> expects.
>
> (I am not a lawyer, etc.)
>
> Do people support licensing rights even where this is the case? For me
> this is a key question.
>

*Because copyright operates differently in different jurisdictions, in many
ways this is already happening. That is, as a U.S. licensee I have
different obligations under the license than someone using the same
CC-licensed work in another jurisdiction. You're certainly correct to point
out that this is an even more glaring inconsistency if we start licensing
rights that do not even exist in all jurisdictions - for example, database
rights. We have done our best in this draft to emphasize that the license
only applies where "permission is otherwise required by law," which is
designed to address this problem. Whether it conveys the concept in a
sufficiently clear way for non-lawyers is an open question. *

>
> - Rob.
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