Creative Commons - Belgium

[Hannelore Dekeyser <hannelore.dekeyser AT law.kuleuven.ac.be>]

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
> > _______________________________________________
> > Cc-be mailing list
> > Cc-be AT lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-be

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