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cc-be - Re: [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: Hannelore Dekeyser <hannelore.dekeyser AT law.kuleuven.ac.be>
  • To: Severine Dusollier <severine.dusollier AT fundp.ac.be>, cc-be AT lists.ibiblio.org
  • Cc:
  • Subject: Re: [Cc-be] Question 2. Accepting the licence: using the work or exercising the rights
  • Date: Wed, 24 Nov 2004 23:45:21 +0100

Dear Séverine,

Thank you for taking the time to respond to my questions.

Severine Dusollier wrote:
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.


That makes sense.

I interpreted this differently when I first read it. "By exercising any rights to the work" I understood as by acting as if you owned the rights to the work:
- exercising rights that normally fall under the monopoly of the author by copyright
- exercising rights as a patent holder: not for making the work, but because it violates your patent.

The wording 'any rights' made me wonder what that could possibly mean, beyond copyright.

The wording 'using in a way covered by this licence' doesn't refer to rights beyond copyright.

In both cases, use of the work in some way leads to accepting the licence. But I do wonder if the scope is exactly the same.

Is sueing for patent infringement 'exercising any right' to the work? I really don't know.


Kind regards,

Hannelore



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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--
Hannelore Dekeyser
Interdisciplinary Centre for Law and Information Technology
Website: http://www.law.kuleuven.ac.be/icri




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