Development of Creative Commons licenses

[Melissa Cotano <melcotano AT yahoo.com>]

CC-BY section 4.a states that:

"You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement"

I would say that trialware "controls access and use of the work" (since after a period of time that work becomes unavailable.) Now what I am not sure is if this is considered to be "a manner inconsistent with the terms of this License Agreement."

Melissa


Phil Jaquet <jaquetphil AT yahoo.com> wrote:

Thank you.
Do you happen to know if Trialware is considered DRM?
In anycase I will make sure that the images can be accessed outside of the game.

/p

cc-licenses-request AT lists.ibiblio.org wrote:

Date: Fri, 29 Sep 2006 00:52:46 -0500
From: Terry Hancock
Subject: Re: [cc-licenses] Compatibility of Attribution license with
Trialware
To: Discussion on the Creative Commons license drafts

Message-ID: <451CB4AE.3030808 AT anansispaceworks.com>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed

Phil Jaquet wrote:
> I am creating a commercial PC game that I intend to distribute on
> various download sites as trialware (i.e. users will be able to play
> for a few hours before the software expires and asks them to purchase
> the game.)
>
> I have found some beautiful images and music distributed under the CC
> Attribution license and was wondering if I can use them safely in my
> game (of course giving proper attribution on the credits page.)

First of all, a CC copyleft probably doesn't extend to cover this kind of
inclusion (it might be necessary to make the original works accessible,
regardless of the license/trial status of your program).

Secondly, CC-By isn't copyleft to begin with, so you can re-release it under
a more restrictive license (CC-By is very nearly equivalent to public domain
work that way. You need only be certain that you are meeting the attribution
requirement). There is also the anti-DRM requirement that is being hotly
discussed on list. Arguably you might need to make it possible to get the
original art or music so as not to run afoul of that requirement. Of
course,
that's pretty trivial to do.

So, I'd say you're in safe territory.

Cheers,
Terry

(IANAL...)


--
Terry Hancock (hancock AT AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com

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