[Cc-uk] Revised draft Scottish licence

David Illsley david at illsley.org
Tue Apr 19 08:14:26 EDT 2005

Glad to see progress...
Its been good to see the Creative Archive launched, and I'm glad the 
compatibility has been removed.

On re-reading this I'm still unclear about the interactions between 
2.1.i and 2.3 - If I'm distributing a derivative work under a future 
version of the licence or another CC licence with the same elements, am 
I still supposed to keep a link which misrepresents the licensing 
situation? (EW Is wordier and limits this requirement to 'any Work and 
Collective Work you publish...')

Hmm, 2.3 seems to be my pet clause... If the same clause were used for 
a simple BY-SA licence, the way I read the clause would allow me to 
distribute a derivative work under BY-SA-NC (As it would have the 
licence elements required plus one extra). The EW licences seem to say 
'same' which removes any ambiguity (if in fact it exists).

The 2 above points may theoretically be resolved by 6.6 but I think 
with regard to the first one in particular it is important that the 
licence is clear to people not wishing to delve further than one set of 
legal code

I'm not a major fan of 6.2 'cos it might allow an employee who 
downloads a CC file that a company has licensed separately e.g. for 
commercial use to 'replace' a commercial licence. I can see why 
something like it is required, and I know issues like this exist within 
the software industry and the solution is just to tell employees not to 
download software from external sites but that is not conducive to 
building a commons. I don't know how real this problem is, and even 
worse I don't have any suggestions to make it better.


On 19 Apr 2005, at 11:42, Jonathan Mitchell wrote:

> Revised version, with comments, now at 
> http://www.jonathanmitchell.info/cc/cc_sco_licence.html .
>  Comments or criticisms would be welcomed.
>  Jonathan
>  --
>  Jonathan Mitchell QC
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