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Subject: Development of Creative Commons licenses

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  • From: Mike Linksvayer <ml AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: 5a (Right to contribute)
  • Date: Mon, 16 Feb 2004 14:10:32 -0800

Rob Myers wrote:
Here's how the OGL (http://www.opengamingfoundation.org/ogl.html) handles it:

"5.Representation of Authority to Contribute: If You are contributing original material as Open Game Content, You represent that Your Contributions are Your original creation and/or You have sufficient rights to grant the rights conveyed by this License."

Not how this creates a compartmentalised risk pyramid, rather than passing all risk down as the GPL does. You claim that what you distribute is yours to distribute. This is what you claim by publishing something anyway! So a CC license shouldn't try to *reduce* the claims an individual makes by distributing something!

That does sound very reasonable.

I'm glad that you posted that clause from the OGL -- I was going to look at it, RSN. I note that the IBM's CPL http://www.opensource.org/licenses/cpl.php has a very similar clause, 2d:

"Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement."

A 5a more like the OGL's 5 would silence the teeny-bloggers and manage risk. The baby would stay, the bathwater would be gone. :-)

It does sound a lot less scary than the explicit warranty in CC 1.0 licenses. Is it materially different? Is "representing" less strong or otherwise distinct from "warranting"?

--
Mike Linksvayer
http://creativecommons.org/learn/aboutus/people#21




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