Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Tuesday 22 November 2005 10:35 am, Evan Prodromou wrote:
> On Mon, 2005-21-11 at 21:26 +0000, Daniel Carrera wrote:
> > I assume you're familiar with the CC-friendly record label, Magnatune:
> >
> > http://magnatune.com/
> >
> > They offer free MP3s of all their albums under a Creative Commons
> > license and you can buy CD-quality WAV files.
> >
> > Practical question:  Are the WAV files automatically under the same CC
> > license?
>
> I am not a lawyer, but I think that a US court would not accept the
> claim that a work encoded in one format is not the same work encoded in
> a different format.
>
> In other words, if the Work is licensed under a CC license, I don't
> think the format matters. 

Again, I think we need to discuss the differences between (C) and (P) when it 
comes to copyright. We also need to realise how one comes into posession of 
the files they have and the licenses attached to them when they come into 
your possession.

> Making a business model out of the difference 
> between digital formats seems unwise. 

I don't know that anyone is trying to do this, I think some people are 
unclear 
as to the intentions and are discussing possible problems until there is 
clarity, not actual known problems.

Plus, since it is NC stuff, I personally am not too interested in the first 
place.

> (I can see differences between 
> digital and physical formats being useful, though -- say, a painter who
> gives away digital copies of their paintings but sells the physical
> objects.)

If you listen to a 64K mp3 versus a wav, you will hear a big difference. 
Again 
think (P)

>
> That said, I hope that Magnatune (a CC poster boy) is getting better
> legal advice than mine. My guess is that they're fine with people
> sharing the WAV files.

That would be good, but the fact that some are wondering about this, means it 
is not super clear up front that this is so. Can someone who actually knows 
fill us all in?
>
> ~Evan
all the best,

drew
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