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cc-licenses - Re: [cc-licenses] cc-licenses Digest, Vol 36, Issue 5

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Subject: Development of Creative Commons licenses

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  • From: rob AT robmyers.org
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] cc-licenses Digest, Vol 36, Issue 5
  • Date: Mon, 06 Mar 2006 09:57:21 +0000

Quoting Greg London <email AT greglondon.com>:

"Free to leave or truly commit" is coercion. In game-theory terms,
you want to perform a strategic maneuvar that would prevent everyone
else from making a move they *would* like to make, but because of
your move, they can no longer do so. That is the epitome of coercion.

Possibly I am misunderstanding the scope of the game as usual, but surely anyone
who doesn't want to play that game can start a new one, so I'm not sure it is
coercion in game theory terms. For example there are enough alternatives to the
GPL that if I do not wish to embrace the ethical wonders of Free Software but I
still want to use a copyleft license there are a number of options open to me
(including writing my own license).

That said, the *language* of "or truly commit" *is* coercive.

What you've been saying is this:

"non-commercial-derivatives should be allowed by any and
all Creative Commons licenses, even the NoDerivatives license."

This sounds like a kind of formalized Fair Use. Fair Use is a matter of intent
not action, so providing a list or limit of the actions once can take under
fair use, or (as in this case) providing a licence that is an alternative to
Fair Use and could be used to affect it, is not a good idea IMHO.

- Rob.





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