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cc-ca - [Cc-ca] Response to Russell

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Subject: Creative Commons Canada

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  • From: Jason Young <jyoung AT lexinformatica.org>
  • To: iCommons Canada Draft Discussion-l <cc-ca AT lists.ibiblio.org>
  • Subject: [Cc-ca] Response to Russell
  • Date: Tue, 20 Jul 2004 03:26:03 -0400

I agree with Russell in the broad strokes. The primary purpose behind CC was to give creators an alternative to the default "All rights reserved" without having to either hire a lawyer or become experts in copyright themselves. By providing user friendly, yet legally sound alternatives to "All Rights Reserved" the licence helps promote a new legal norm of direct appropriation coincident with or at least complimentary to the capabilities of digital information and communications technologies to empower sharing.

Setting the default for moral rights to "All Rights Reserved" would seem to fly in the face of the spirit of CC and the purpose for the iCommons Canada port. I think if we're going to set defaults, it should be the least restrictive and not the reverse. The default in statute is restrictive enough (though the caselaw is sparse); we don't need to repeat the statute in the licence.

Cheers,

Jason
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Gowling LaFleur Henderson Fellow
LL.M. (Candidate) in Technology and Law
Faculty of Law - University of Ottawa
jyoung AT lexinformatica.org 613.231.2263
PGP KeyID 0x46E11518

http://www.commonlaw.uottawa.ca/tech/
http://www.lexinformatica.org
http://www.cippic.ca

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  • [Cc-ca] Response to Russell, Jason Young, 07/20/2004

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