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cc-licenses - Re: [cc-licenses] Compatibility of Attribution license with Trialware

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Subject: Development of Creative Commons licenses

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  • From: Terry Hancock <hancock AT anansispaceworks.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Compatibility of Attribution license with Trialware
  • Date: Mon, 02 Oct 2006 21:12:50 -0500

Melissa Cotano wrote:
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."

Yeah, it would be inconsistent with "CC-By" since the license permits access indefinitely,
whereas the trialware shuts down after a period of time (i.e. the control prevents access at a time when the license -- CC-By -- would still permit access, hence it's inconsistent with the license terms).

The reason why this wouldn't affect the original poster's problem is just that the content under the CC-By is separate from the program that displays them. So as long as the content remains accessible even after the trial has expired, the license on the content is not affected, IMHO.

Cheers,
Terry

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





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