Development of Creative Commons licenses

[wiki_tomos <wiki_tomos AT inter7.jp>]

----- Original Message -----
From: Rob Myers <rob AT robmyers.org>
To: Discussion on the Creative Commons license drafts 
<cc-licenses AT lists.ibiblio.org>
Sent: Fri, 18 Nov 2005 23:08:43 +0000
Subject: Re: [cc-licenses] Fwd: Re: Discussion Draft - Proposed License 
Amendment to Avoid Content Ghettos in the Commons


>On 18 Nov 2005, at 22:47, wiki_tomos wrote:
>
>> So, it is not possible to take a CC-BY-SA'd book chapter,
>> and release half of its derivative as Invariant Section and
>> other half the main part of the work under GFDL.
>
>The FSF's discussion of invariant sections mentions making the GNU  
>Manifesto invariant when included in manuals...

I think that is in line with the definitions in the license text. 
GNU Manifesto is not substantively related to how to use a free software. 
It is a philosophical statement of the author about the nature of the 
instruction manual. That's why it is possible to release an instruction 
manual for the software under GFDL with the GNU Manifesto as an Invariant 
Section, as I understand. But GFDL says you cannot put things like a 
part of the manual's main body into an Invariant Section. 

>> My tentative opinion about how CC should be changed is that
>> when a derivative work is released under GFDL, Invariant Sections  
>> could
>> be prohibited.
>
>How can this be enforced downstream, in derivatives of the FDL work?

That is a different matter, though potentially very important. 

I think it is impossible to restrict downstream users from adding 
Invariant Sections unless FSF changes the text of the GFDL for the 
next version. 

The basic reason is that GFDL does not allow any restriction added 
to the GFDL. The GFDL wants to make sure that the Invariant Section, 
once designated as such, remain intact forever. 

The matter can ultimately be resolved in a number of ways. For example, 
combination of the two changes like these: 

- GFDL is changed to allow restrictions on the Invariant Sections. 
A person creating a derivative work can declare that derivative 
work of his work should not include any Invariant Section. (Probably 
this declaration should be restricted to the cases only when there is 
no Invariant Section prior to that).  

- CC-BY-SA states that not only You (licensee) cannot add any 
Invariant Section if You create a derivative work, but also states 
that any subsequent user creating a derivative work is subject to the 
same restriction. 


Regards, 

Tomos