Cc-de mailing list

[paul keller <paul AT waag.org>]

hallo liste,
eben ein kurzes update in der id.eology sache. ich hatte Mia gebeten  
sich der sache anzunehemen und sie hat heute morgen diese mail Volker  
Tripp von id.eology verschickt. bleibt zu hoffen dass sie hierauf in  
angemessener weise reagieren.

gruss,
Paul Keller





Begin forwarded message:

> From: Mia Garlick <mia AT creativecommons.org>
> Date: 21 October, 2005 02:13:29 GMT+02:00
> To: Volker_Tripp AT web.de
> Cc: info AT ideology.de, ulrike Mahlmann <mhl AT ulixmann.de>, paul  
> keller <paul AT waag.org>
> Subject: Request re: iDEOLOGY's Improper Use of the Creative  
> Commons' Name
>
>
> Dear Mr. Tripp,
>
> You email address was provided to me by members of the Creative  
> Commons Germany project team who have recently brought to my  
> attention the current discussion on the cc-deutschland email list  
> regarding the purported implementation by iDEOLOGY of a Creative  
> Commons Attribution-NonCommercial-NoDerivatives license. As  
> indicated below, I am the General Counsel of Creative Commons  
> Corp., a Massachusetts, US, non-profit corporation, and authorized  
> to speak on its behalf. Please note that general members of the  
> Creative Commons Germany email discussion list are not authorized  
> to speak on behalf of Creative Commons Corp.
>
> As has been discussed on the list and, as I understand it, has been  
> communicated to you, the issue relates to the additional inclusion  
> of the following clause
>
> "The exclusiveness of the right of ideology.de to make the content  
> available for download on the internet remains untouched by the  
> aforementioned license."
>
> as part of the terms of the Attribution-NonCommercial-NoDerivatives  
> license. As has been explained on the list and in many other forums  
> as well as on our policies page (http://creativecommons.org/ 
> policies), for trademark reasons our name can only be applied to  
> our standard licenses. People are welcome to take our licenses and  
> change the terms slightly or greatly, however, once any chance has  
> been made, it can no longer be called a Creative Commons license.  
> Consequently, I am writing to you to ask that you either remove  
> this additional license condition or cease to call the license  
> under which the music at your site is made available a "Creative  
> Commons" license (& thus, cease linking to our license).
>
> You may want to obtain legal advice on the extent to which the  
> clause is effective (if iDEOLOGY wishes to be the sole provider of  
> music on the Internet then a Creative Commons license which lets  
> other people copy & redistribute iDEOLOGY's music arguably defeats  
> this desire). In any event, however, if you choose to continue to  
> include the clause, please remove the reference and link to  
> Creative Commons licenses.
>
> Finally, I would note that iDEOLOGY's manner of implementation of  
> the Creative Commons license fails to take account of the scope of  
> our Commons Deed and metadata. By selecting only some of the  
> Commons Deed terms for inclusion on your site you are omitting some  
> arguably key terms such as that fair dealing and other exceptions  
> to copyright law are not affected, that licensees must keep a copy  
> of the license with the work and that the licensee can ask for  
> other rights not granted by the CC license). The Commons Deed also  
> includes what may be important legal terms relating to the legal  
> relevance of the Commons Deed terms. By omitting the metadata,  
> iDEOLOGY's music will not be found by CC-customized search engines,  
> such as that recently released by Yahoo!.
>
> Whether you choose to employ the Commons Deed and metadata is  
> obviously a matter for you but your current improper use of the  
> Creative Commons name is something that I respectfully ask you to  
> promptly address and confirm that you will promptly address by  
> reply email.
>
> Yours sincerely,
>
> Mia Garlick
> General Counsel
> 543 Howard St., 5th Floor
> San Francisco CA 94105-3013
> United States
> Tel: 415-946-3073
> Fax: 415-946-3001
> http://creativecommons.org/
>
> Please note: the contents of this email are not intended to be legal
> advice nor should they be relied upon as or represented to be legal
> advice.  Creative Commons cannot and does not give legal advice. You
> need to assess the suitability of Creative Commons' tools for your
> particular situation, which may include obtaining appropriate legal
> advice from a licensed attorney.

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