Development of Creative Commons licenses

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

On Wednesday 23 November 2005 05:44 am, Daniel Carrera wrote:
> drew Roberts wrote:
> > Even if it is not intentionally held back, it is necessarily lost in any
> > lossy compression play.
>
> Following that line of reasoning, if you save two MP3s with different
> settings, they are different works. But if you save the WAV file as FLAC
> then they're the same work.
>
> Would you agree with these statements?

I am not sure. Let me explain.

If the part of what I said, which I think is a fact, results in two different 
works, then I think what you said follows. Now, as to my asserting that there 
are two "works" produced, I don't know.

I am an interested but ignorant non-lawyer who is constantly being schooled 
as 
a result of my explorations and discussions.

To be honest, the idea that it is the "work" that gets the copyright slapped 
me in the face for the first time in this thread. I am trying to explore the 
consequences and the edge cases of this idea to help me understand how I will 
have to adjust my thinking.

Someone please help me in this.

I make a work which is copyrighted.

I give it to person A with a CC BY-SA license.

I give it to person B with a standard copyright notice.

That is the extent of my distribution of this particular work.

Before getting to use it, person A loses their only copy.

Two brances here:

In the first, person A then dies. In the second, they live.

One: Person A is dead. Person B learns of the license I gave person A. Can 
person B claim to have the BY-SA license?

Two: Person A lives. Can they get a copy from person B? Does the license I 
gave apply to the copy. If so, is B breaking the law by copying a work they 
have no right to copy, while A is not breaking the law as they have a license 
from me?

This is almost too off the wall to contemplate.

Can some help with an explanation that will set me straight?
>
> Best,
> Daniel.
all the best,

drew
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