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cc-licenses - [cc-licenses] Another case study

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Subject: Development of Creative Commons licenses

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  • From: Daniel Carrera <daniel.carrera AT zmsl.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] Another case study
  • Date: Thu, 24 Nov 2005 11:24:07 +0000

Just now Tomos said something that got me thinking:

> Now, back to the broader issue, another reason that Peter and
> Daniel might be right in suggesting that license is tied to
> copies, not the work, is 8.a. of the license.

That's not quite what I had in mind when I said that if I gave John a copy under CC, Janet didn't automatically get it. So I started trying to figure out the difference between what I had in mind and Tomos' summary. And I hit an interesting scenario that may be instructive for us:

Scenario:
* I give a copy to John under BY-NC.
* I give a copy to Jane under another license XYZ.
* John loses his copy.
* Jane gives John a copy.

Question: What rights does John have over the new copy from Jane?

* If the CC license is attached to the WORK, the answer is BY-NC.
* If the CC license is attached to the COPY, the answer is "whatever rights Janet gave him".


Suppose that the license is attached to the WORK. What if Janet's license is BY-SA? Would this mean that John now has a choice between BY-NC and BY-SA?

Cheers,
Daniel.
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