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cc-licenses - Re: CC licenses and "moral rights"

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Subject: Development of Creative Commons licenses

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  • From: Peter Brink <peter.brink AT brinkdata.se>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: CC licenses and "moral rights"
  • Date: Mon, 28 Mar 2005 14:34:11 +0200

Branko Collin skrev:
On 24 Mar 2005, at 23:47, Peter Brink wrote:


All open source licenses contain an offer, which is granted provided that the user agrees to the terms of the
contract.


This is not true. You do not need to agree to the terms of the license.


??? If that is the case how to you propose that the licenses work?

How does the licensee become bound by the terms of the license? You do agree that the license has terms, don't you?

All open source licenses are contracts (where you and I live). As all other contracts they have an offer and there is a grant or benefit. Since open source/content license are adeshion contracts there must exist an explicit act which works as a replacement for an oral or written acceptance of the terms of the contract. In this case that act is when a user makes use of the offer in the license to do something he could not do without the license, such as publishing a derivative work without asking for permission. At that point license binds the licensee to the terms of the license.

/Peter Brink






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