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cc-be - [Cc-be] Question 2. Accepting the licence: using the work or exercising the rights

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Subject: Creative Commons - Belgium

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  • From: Severine Dusollier <severine.dusollier AT fundp.ac.be>
  • To: cc-be AT lists.ibiblio.org
  • Subject: [Cc-be] Question 2. Accepting the licence: using the work or exercising the rights
  • Date: Wed, 24 Nov 2004 19:27:41 +0100

The modification was made in order to be completely accurate. The user of a work does not technically exercise a right in a work, since those rights are owned by the copyright owner. It is only when she is a party to the CC License that she exercise the rights granted to her by the license. But since this article refer to an act that is deemed to be an acceptation of the license, it seemed to us more accurate to say that this acceptance follows any use of the works covered by the rights referred to in the license.


Is the goal to limit the scope to exercising rights to the work that are covered by copyright law?

NO.

What if a user claims to have a patent (inasfar as that is possible) or claims some other right to the work?
The user could continue to benefit from the license while sueing others for patent infringement?

I don't understand your point. That does not have an effect on the article you commented about the acceptation of the license, I think





Séverine


Hi all,

Question 2. Accepting the licence: using the work or exercising the rights

Original CCPL:
By exercising any rights to the work provided here, you accept and agree to be bound by the terms of this licence.

BE-CCPL:
By using a work in a way covered by any rights provided here...


I don't really understand why this modification was made. What is the issue you are trying to solve?

Is the goal to limit the scope to exercising rights to the work that are covered by copyright law?
What if a user claims to have a patent (inasfar as that is possible) or claims some other right to the work?
The user could continue to benefit from the license while sueing others for patent infringement?

Hannelore
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Séverine Dusollier

Centre de Recherche Informatique et Droit - Responsable du Département Droits Intellectuels
Maître de Conférences aux Facultés Universitaires Notre-Dame de la Paix de Namur

Rempart de la Vierge 5 Tél: +32 81 72 47 60
5000 NAMUR Fax: +32 81 72 52 02
BELGIQUE severine.dusollier AT fundp.ac.be

http://www.crid.be




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