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cc-licenses - Re: Dual-licensing under the GNU Free Documentation License and Creative Commons *-ShareAlike-*

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <robmyers AT mac.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Dual-licensing under the GNU Free Documentation License and Creative Commons *-ShareAlike-*
  • Date: Fri, 3 Dec 2004 08:54:02 +0000

IANAL obviously.

On 3 Dec 2004, at 00:32, Evan Prodromou wrote:

So now I'm wondering: am I wrong? Can you indeed make a dual-licensed
derivative work of a work dual licensed under the both the GFDL and
by-sa 1.0, and comply with either or both of those sets of requirements?

I think the important thing is that the license isn't exclusive. I think you can derive under either license, therefore you can derive under both. You can comply with both simultaneously and separately. The fact that both simultaneously and separately apply to the same work shouldn't be a problem, they are not exclusive licenses.

Imagine you CC-NC a work, someone uses it and then wants to pay you to use i commercially. After paying you, they are breaking the terms of the NC license by using the work commercially, but that's OK because they have another license with you that covers that.

P.P.S. John Cowan, on the license-discuss AT opensource.org mailing list
where I brought this up yesterday, suggested having a separate bit of
text excepting the licensee from the exclusivity requirements of
copyleft licenses:

Yes, this would be like a binary linking exception in a GPL licensing or a static linking clarification LGPL licensing. It might be good to have a text that just says "For the avoidance of doubt, you are given explicit permission to relicense derived works under both licenses."

- Rob.





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