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Subject: Development of Creative Commons licenses

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  • From: Wouter Vanden hove <wouter.vanden.hove AT pandora.be>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: License or Contract?
  • Date: Tue, 22 Jun 2004 04:26:15 +0200

Eben Moglen always clearly described the GNU GPL as a license, not a contract:
"The GPL, however, is a true copyright license: a unilateral permission,
in which no obligations are reciprocally required by the licensor."

http://lwn.net/Articles/61292/
http://zgp.org/linux-elitists/1060888997.27938.45.camel AT localhost.localdomain.html

I always thought the same of the Creative Commons Licenses.

However in the recently launched Dutch Version (http://creativecommons.org/projects/international/nl)
of the CC Licenses, the licenses are described as contracts:

"The mere exercise of rights to the work does not suffice under Dutch law to conclude a contract.
The additional provision `provided that the (content of the) Licence has been made sufficiently clear
to the recipient beforehand' is required under Dutch law for the legal validity of the conclusion of a contract.

See http://creativecommons.org/projects/international/nl/english-changes.pdf

When I buy a book in holland, I don't have to read/sign the "All right reserved"-clause anymore than in any other country.
Sure there may be differences in contract law between the US and Holland, but if the CC-licenses are not a contracts, why would this matter?

What are the opinions on "License versus Contract" in the other European CC-Projects?


Wouter Vanden Hove
www.vrijschrift.org
www.opencursus.org










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