Development of Creative Commons licenses

[Rob Myers <robmyers AT mac.com>]

I am not a lawyer, this is not legal advice. You really should discuss this 
with a lawyer.
 
On Wednesday, January 05, 2005, at 04:50AM, nono2sco <nono2sco AT yahoo.com> 
wrote:

>1) Is the owner of the 2nd site violating  the
>Non-Commercial  clause of the CCL because conceivably
>his republishing of the negative articles could
>influence the stock price of the company in question?

Possibly. The licenses say:

"You may not exercise any of the rights granted to You in Section 3 above in 
any manner that is primarily intended for or directed toward commercial 
advantage or private monetary compensation."

but I don't know how strongly this matches what's happening here.

>2) Is the owner of the 1st site placing additional
>restrictions on the CCL-ed works by saying that a
>person with an interest in the stock price is not
>granted permission to reproduce them?

Yes. Since the license is the entire agreement, this is broken.

>3) The first site also states a requirement of
>republishing any of the CCL-ed articles is that any
>updates to article content be timely updated in the
>reproduced version.  Is such an (additional)
>requirement compatible or consistent with the terms of
>the CCL Attribution, Non-Commercial 2.0 license?

No. Since the license is the entire agreement, this is broken.
You could allow this with SA, but you can't require it.

>4) If a site clearly states on each page that it is
>published under the CCL, with a link to the CCL-NC,
>but has further restrictions to that content on a
>policies page, is it bound by CCL-NC or the CCL-NC
>plus any added policies? (The additional requirements
>being those specified above.)

No. Since the license is the entire agreement, this is broken.

The relevent part of the license states:

"This License constitutes the entire agreement between the parties with 
respect to the Work licensed here. There are no understandings, agreements or 
representations with respect to the Work not specified here. Licensor shall 
not be bound by any additional provisions that may appear in any 
communication from You. This License may not be modified without the mutual 
written agreement of the Licensor and You. "

Do ask a lawyer, though.

- Rob.