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cc-licenses - Re: [cc-licenses] CreativeCommons.org clarification on CC-BY section 4.a? (was Compatibility of Attribution license with Trialware)

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Subject: Development of Creative Commons licenses

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  • From: Melissa Cotano <melcotano AT yahoo.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] CreativeCommons.org clarification on CC-BY section 4.a? (was Compatibility of Attribution license with Trialware)
  • Date: Thu, 5 Oct 2006 14:02:14 -0700 (PDT)

This would probably work for the original poster as I assume he is writing the code for the game.

In my case I use a screensaver maker tool that generates the screensavers for me and do not have that flexibility.

-Melissa

drew Roberts <zotz AT 100jamz.com> wrote:
On Thursday 05 October 2006 04:28 pm, Melissa Cotano wrote:
> Hi,
>
> Terry raised a very good point and I would like to know if the folks at
> CreativeCommons.org can help us better understand CC-BY section 4.a.
>
> In my case I am making commercial screensavers and would like to use
> CC-BY 2.0 images. The trick is that the screensavers are to be distributed
> as trialware (like the original poster's game.)
>
> I understand that because the software would expire after a given period
> of time this might infringe on CC-BY section 4.a (the images are embedded
> in the binary.) So what if I also install those images in a separate folder
> on the user's PC. They would also be accessible at anytime.
>
> Would this by comply with the license?

Someone else can try and answer that, but could you do that plus have a menu
option to write out the files from within the program itself and shut down
the rest of the functionality but not that? Would that work for everyone?
>
> Best regards,
>
> -Melissa

all the best,

drew
>
> Terry Hancock wrote: 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

--
(da idea man)
http://www.ourmedia.org/node/145261
Record a song and you might win $1,000.00
http://www.ourmedia.org/user/17145
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