Development of Creative Commons licenses

[Luke Stodola <lbs6380 AT cs.rit.edu>]

Greg,

One way of looking at it is to consider the raw, unmastered, unmixed
audio tracks to be the "source code" for the final Ogg Vorbis file --
the "binary" release.

If I want to listen to a song you made but say without the trumpet part
(so I could play that part, or just because I didn't like that part), I
could take the source files, mute the appropriate tracks, and have my
own version derived from yours.

However, a song distributed only as a mixed-down FLAC or Vorbis file is
still very useful, so the analogy fails here when you compare it to a
program distributed binary-only, w/o source code.  I would be happy to
receive a song without the source tracks available, but I would not want
to run software that does not have the source available.  So I don't
know how useful this way of looking at it is.


I still don't see the usefulness in NoDerives.  As far as respecting an
author's integrity, this already happens with the standard BY-SA license
(part 4c).  I can't take your work, make a bunch of changes, and still
call it yours.  I would have to say "by Luke Stodola, based in part on
Greg London's work."  If you don't even want your name on it at all, you
can request that I remove all references to you.  The GPL includes a
clause (2a) "You must cause the modified files to carry prominent
notices stating that you changed the files and the date of any change." 
Adding something like this may be helpful for those who are sitting on
the fence between the NoDeriv and ShareAlike option.

One problem with NoDerives is exactly what you mention: it does not
apply to collective works.  So what is the boundary of your work?  How
small of a piece can I take without making the resulting work a
derivative work as opposed to unmodified distribution?  If you make a
music CD, can I take a track and put it on a mix CD I'm making?  I would
assume yes.  But already that compromises the integrity of the
original.  I seem to remember some bands who considered their entire
album to be one piece of art, and were upset when tracks were played
separately.  One track played in a different context can negatively
affect your reputation if it appears that you endorse the collective
work.

Luke Stodola.