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cc-licenses - [cc-licenses] freedom to perform? (Re: Discussion Draft - Proposed License Amendment to Avoid Content Ghettos in the Commons)

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Subject: Development of Creative Commons licenses

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  • From: wiki_tomos <wiki_tomos AT inter7.jp>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] freedom to perform? (Re: Discussion Draft - Proposed License Amendment to Avoid Content Ghettos in the Commons)
  • Date: 19 Nov 2005 12:01:44 +0900

I have an impression that performing a work is very explicitly
dealt with in CC licenses. CC-BY-SA is no exception. If a work is
under CC-BY-SA, one can perform the work or perform a derivative of
its work.

On the other hand, GFDL, perhaps being focused on software manuals
and other documantations, does not explicitly allow performance.
It does not prohibit it, but the uses it allows seem to be limited to
verbatim copying, modification (derivative work), distributing the
verbatim copy or modified work, creating a collective work, combining
with other works (another type of derivative work).

So, when someone ports a CC-BY-SA'd work into GFDL's sphere by
modifying the original work, does it actually reduce the significant
part of the freedom originally granted by the CC license? Is this okay?

This question has a long-term implication, I am afraid. And for that
reason, should be taken a bit seriously than it looks.

CC is working to break the wall between CC-BY-SA and GFDL.
FSF's stance toward such a change is uncertain, and there are some, say,
informed pessimist.

Combined with the issue of the Invariant Sections and other things
such as "Cover Texts" and "Title Page" in GFDL, I think there is a
chance that this attempt to break the wall ends up creating a one
way street of taking CC-BY-SA'd work to GFDL land, but not the other
way around. Once GFDL'd, works may be modified and refined or transformed.
But without freedom to freely perform?

If that is the case, then it is against many of CC licensors' wishes. I
would suggest CC to make sure FSF is at least willing to change the
GFDL to allow performance as freely as CC-BY-SA does. Acting with benign
intent to create at least one way street to later find out that there is
no way to come back could create a huge loss in a long run.

Well, but again, I am not a lawyer. So I might be simply misunderstading
what freedom GFDL protects. Or perhaps CC and FSF have already started
working together and they will miss such a basic point..


Tomos




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