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cc-licenses - Re: Copyright of derivative work released under a CC licence

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Subject: Development of Creative Commons licenses

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  • From: "Greg London" <email AT greglondon.com>
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Copyright of derivative work released under a CC licence
  • Date: Thu, 2 Dec 2004 16:39:49 -0500 (EST)

If you coded in a new language from scratch, using your own expression
to re-create the functionality of the original, then I think you can
rightfully claim to be the sole author.

If your work is really a >translation< from one language to another,
(if you took his code and did a simple one-for-one translation
to the new language) then I think it qualifies as a derivative.

I'm not as familiar with this stuff as others might be on the list.
Perhaps they can clarify if I'm anywhere near reality.

Greg


Raffaello Tesi said:
> Greg London wrote:
>>
>> If the code was redone from scratch, and it creates a webpage with a
>> similar layout and functionality of some proprietary code,
>
> Yes, that's the situation. However, the original is released under a
> CC-NC licence
>
>> You'll probably want to avoid an identical copy of the layout of
>> the website it generates, though. I forget exactly how that sort of
>> thing qualifies for any sort of artistic protection...
>
> Yes, and as a matter of fact in no way I can provide exactly the same
> characteristics due to the inner differences of the two programming
> languages, so that not all the features are reproducible.
>
> However, I want to stress out that the original author is fully aware
> that I have made those modification and agrees on that, as well as on
> the fact that I claim to be the author of the code (he is acknowledged
> as being the original designer).
>
> The main reason why I like to avoid to mention the original author as
> the author of the derivative work is because the responsibility of the
> code and its appearance is fully mine, and people should refer only to
> me should they find problems or malfunctions.
>
> Raffaello
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