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Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND

From: Peter Brink <peter.brink AT brinkdata.se>
To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
Subject: Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND
Date: Wed, 26 Apr 2006 15:55:32 +0200

Well put Harry,

Just one minor point...

Terry Hancock skrev:
> That is the standard of ordinary "All Rights Reserved" works, and
> the ND clause preserves that standard (it cannot, IMHO, extend it --
> under copyright law, the author does not own what is not (in the
> legal sense) *derived* from their work, hence they have no ownership
> authority to impose such requirements).
>

One party can always agree (under the freedom of contract) to treat an adaptation of a work as a "derivative work" even if it really isn't. Thus, in theory, an open source/content license could actually extend the scope of the legal concept "derivative works". However such an extension would only affect those bound by the contract, third parties are still (of course) unaffected.

/Peter Brink

[cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Ŭalabio‽, 04/24/2006
- Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Greg London, 04/25/2006
- Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Tom Quoroll, 04/26/2006
  - Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Douglas Pollard, 04/26/2006
- Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Terry Hancock, 04/26/2006
  - Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Peter Brink, 04/26/2006
    - Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Terry Hancock, 04/26/2006
      - Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Mia Garlick, 04/26/2006
      - Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Peter Brink, 04/26/2006
        
        Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Rob Myers, 04/26/2006
- Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, jonathon, 04/27/2006
- <Possible follow-up(s)>
- Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Ŭalabio‽, 04/26/2006
  - Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Peter Brink, 04/27/2006
    - Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, drew Roberts, 04/27/2006
      - Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND, Greg London, 04/27/2006