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cc-licenses - Re: License that allows private copying?

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Subject: Development of Creative Commons licenses

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  • From: Evan Prodromou <evan AT wikitravel.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: License that allows private copying?
  • Date: Wed, 24 Mar 2004 13:18:07 -0500

>>>>> "SJ" == Scott Johnston <johnston AT vectaport.com> writes:

SJ> Has there been discussion at Creative Commons (or elsewhere)
SJ> of developing a license that makes a distinction between
SJ> public and private copying? Something that extends the
SJ> fair-use privileges protected by the Sony video tape decision
SJ> to allow a person to privately distribute copies to their
SJ> associates, but forbids them from making it available to the
SJ> public?

I am not a lawyer, this is not legal advice, I don't speak for
Creative Commons.

I don't know if any such discussion has taken place before. But I
think it's not such a good idea.

First, how would you enforce it? What is an "associate"? If I met
someone 10 minutes ago at a bar, can I give them a copy of the work?
Are you going to check to see if I _really_ know that person? What if
I know someone through the Internet, but we've never met in person?

Also, it doesn't seem that effective. Say Alice has your work, and she
gives a copy to Bob. Bob, in turn, gives one to Charlie, and Charlie
gives a copy to Dave. Alice and Dave don't know each other, but now
Dave has a copy. The effect is just like if Alice gave Dave a copy
directly, so what's the advantage?

If the idea is to allow redistribution by individuals but not big
copy-generating operations, maybe the NonCommercial option would suit
your needs. Otherwise, you should consult a lawyer in your area.

~ESP

--
Evan Prodromou <evan AT wikitravel.org>
Wikitravel - http://www.wikitravel.org/
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