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cc-licenses - Re: additional terms to by-nc-sa

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Subject: Development of Creative Commons licenses

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Chronological Thread  
  • From: "Todd A. Jacobs" <nospam AT codegnome.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: additional terms to by-nc-sa
  • Date: Thu, 8 Jul 2004 12:10:37 -0700

On Tue, Jul 06, 2004 at 04:39:00PM -0700, Alvin Oga wrote:

> - they look for attorney clauses in the legal doc you bring them
> - they look for venue for the legal disputes

Attorney-fee clauses are a double-edged sword. Not having the clause
doesn't mean you can't collect them, but having them means *someone*
will--and it may not be you.

Venue is another issue which may or may not always be of benefit. I'm
not sure if something as generic as "Any lawsuit must be brought in the
municipality in which the licensor resides" is either practical or
legally binding. Ask a lawyer. If it is, add it to your license, and
call it something other than a CC license.

Keep in mind, though, if you live in a state which doesn't allow suits
favorable to you, you'd lose the ability to bring a suit in the
licensee's state (or vice versa) with such a clause. That's probably why
it was left out, but if you understand the ramifications, there's
nothing stopping you from adding it to *your* non-CC derivative license.

--
Find my Techno-Geek Journal at http://www.codegnome.org/geeklog/




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