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cc-licenses - Re: [cc-licenses] different license for different bitrate

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Subject: Development of Creative Commons licenses

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  • From: Michelle Konzack <linux4michelle AT freenet.de>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] different license for different bitrate
  • Date: Thu, 21 Dec 2006 18:51:01 +0100

Hello James and *,

Am 2006-12-14 10:18:02, schrieb James Grimmelmann:
> I think that this is correct, but I would not swear to it without more
> investigation. I think Tomos is right that the critical fact is that
> the higher-resolution photo contains details that really are additional
> copyrightable expression. If the difference between the two version
> were so small as to not make the difference copyrightable, then anyone
> encountering version A might be free to use the license given out with
> version B. But because the originality threshold in copyright law is so
> low, bitrates of 128 and 256 kbps seem like they would be different enough.
>
> This is not legal advice.

I was offering selfmade soundsamples in 64kBit (ogg) for free and
384 kBit (shn) non-free. There was someone which had bought the
384 kBit files and resampled them to 128 kBit and selled it.

After I have found it par hassard, I took juridical action against
this person and he claimed that he has the right to do it since I
offer samples under a free license.

After an examation juridical of over 6 month I have gotten the FRENCH
judgement that ONLY the Copyright holder can do such stuff, except if
I sell Reseller licences to someone...

I can offer in france the same soundfiles in two qualities (Example
and Original) and distribute it under TWO different Licenses.

Pease note, that most Sellers/Providers offer only shorted samplefiles
to avoid such juridical problems...

Greetings
Michelle Konzack
Systemadministrator
Tamay Dogan Network
Debian GNU/Linux Consultant


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