Development of Creative Commons licenses

[Ricardo Gladwell <president AT freeroleplay.org>]

On 26 Nov 2004, at 07:09, Branko Collin wrote:
> IANAL, and do not work for CC. 
>
> I have seen judges rule that something was an effective hinderance, 
> even if it was not intended as such (cases about sexism and ageism), 
> but also the opposite (SCOTUS recently on perpetual copyright). So 
> how something would turn out in court is a different matter.

Whilst that is true, the authorial intention of the CCPL is what I'm 
probably more interested in as that is the likliest interpretation to be 
adopted in a court room.

> The paragraph you quote seems to be about DRM. I don't think it 
> refers to, say, the MS Word file format.

I agree that this would definately refer to DRM. But it could also 
hypothetically cover technological measures to lock-in users to 
proprietary formats, thereby restricing their ability to create 
derivative works.

> Letting your users work with 
> familiar software undoubtedly also enables them to create more CC-
> licensed works. (In other words, you may raise the threshold for 
> readers a bit, but lower it for writers.)

I'm not sure that allowing users to create content in MS Word would 
necesarily create more CC-licensed works. There are a wide variety of 
sophisticated, multi-platform and free (in all senses) applications for 
word processing including OpenOffice.org and Abiword.

In fact the reverse would seem to be true: work publised in properiatary 
formats could mean that others who can't afford expensive software 
suites would not be able to participate in the use of CC works, thereby 
reducing the CC-licensed works out there.

> Perhaps you could suggest to your users the use of software that 
> creates works in well documented, open-standards-following file 
> formats. At least that could help create a mindset in which the 
> authors actively try and reach their audience.

I'm not sure I understand your point here: my concern is that 
down-stream users take my work, make modifications and start publishing 
it in a proprietary format that prevents others from making their own 
modifications.

I'm not suggesting that you prevent users from publishing in, for 
example, PDF format. Only that an modifiable version of the document 
should also be provided in a format that has not financial or legal 
requirements to modify.

--
Ricardo Gladwell
President, Free Roleplaying Community
http://www.freeroleplay.org/
president AT freeroleplay.org