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cc-licenses - Re: Downstream relicensing

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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>
  • Cc: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Downstream relicensing
  • Date: Wed, 09 Mar 2005 13:14:35 +0000

On Wednesday, March 09, 2005, at 12:45PM, drew Roberts <zotz AT 100jamz.com>
wrote:

>I think the confusion is arising because if you choose SA then it says the
>derivatives must carry exactly the same license,

Under SA you have to offer derived work under the same license in order to
get the license to use the original work.

Under not-SA you do not have to offer derived work under the same license in
order to get the license to use the original work.

BUT the work you have derived from is still protected by the CC license.

SO all ~SA means is that you can (~NC) sell the derived work or (NC)
perform/print/show it without having to offer the part of it that you have
created under CC (I think). It doesn't give you any magical rights to
relicense the part of the originally licensed work that your derived work
contains under an incompatible license.

Intention doesn't help here. If you are trying to make NC work ~NC, you are
using the work towards commercial advantage. Just not your own.

If the language of the license suggests that a grandchild attack (get,
relicense, then relicense again) could work then it should be clarified, but
I don't think that it does.

Puhlease could someone from CC chime in on this? :-)

- Rob.




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