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Subject: Development of Creative Commons licenses

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  • From: Luke Stodola <minus273point16c AT fastmail.fm>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Extra restrictions on derivative works
  • Date: Fri, 30 Jan 2004 00:15:38 -0500

If I release something under the CC-BY-SA license, I would not want
someone else to take it, modify it slightly, and release the result with
the added restriction of NonCommercial or NoDeriv. This is akin to
releasing my code under the GPL so that some company can't take it and
sell it under a more restrictive license. If I didn't care about
derivative works, I'd use the CC-BY license, just like I might use the
BSD license for software.

Example:
I'm all for artists getting compensated for their work, but I feel the
NonCommercial restriction is not the way to do it. First, it is *very*
arbitrary. What is commercial use? This varies. Music playing in a
bookstore? A cafe? A dance hall? A street musician playing your song
with hat out front accepting spare change? What if the there's no money
involved, but I give you free drinks for playing? What if you come and
play for free (satisfying "non-commercial" condition) and then I also,
on an unrelated note, give you free drinks? If you draw the line and
say "this is commercial use, this isn't", you make an arbitrary
decision. To some degree, every use is "for profit", if only to enrich
yourself. This argument doesn't really belong in this thread; if
somebody wants to comment on it, please do in another thread.

My point is that: I don't want people who use my work to restrict others
ability to make a living off of it. Therefore, I _don't_ use the NC
bit, and I _do_ use the SA bit.

Comments?

Luke Stodola
dxdt.org/audio/





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