Development of Creative Commons licenses

["Bryan Rasmussen" <BRS AT itst.dk>]

That would be up to a court to decide I suppose.

If you had such a screenshot and presented it to the court the argument would
no doubt be:

I made this screenshot and then got the work. 

however the counterargument could be you got the work later, got in trouble
went ahead and got a screenshot somehow from someone else who had a license.
This would then become an argument about the perpetuity of the license.

However the counterargument could also be: nope, never had this and all he
had to do was to fake the screenshot. 

So how do you prove that this is an actual screenshot. I suppose a third
party archive of creative commons licensed material would be sufficient
authority to defend against arguments of faking the screenshots.

Cheers,
Bryan Rasmussen 

-----Oprindelig meddelelse-----
Fra: cc-licenses-bounces AT lists.ibiblio.org
[mailto:cc-licenses-bounces AT lists.ibiblio.org]På vegne af Mathias Klang
Sendt: 29. januar 2007 13:47
Til: Discussion on the Creative Commons license drafts
Emne: Re: [cc-licenses] Slashdot Thread On "Proving Creative Commons
Licensing of a Work?"


This is a difficult question to answer generally (and definitively). In
the question of proof all information you can provide to the court to
prove your argument is good.

The question you pose is really one of: how much is enough. In my
opinion there can be no real answer.

Mathias

rob AT robmyers.org wrote:
> An interesting thread at Slashdot:
> 
> http://ask.slashdot.org/askslashdot/07/01/27/1737236.shtml
> 
> "I recently posted a few Creative Commons licensed photographs from Flickr
on
> one of my websites. I later noticed that one of the photographers had
> retroactively switched all of his photos from the Creative Commons license
to
> an 'All Right Reserved' notice. When I saw this I went ahead and removed
his
> photo (even though I understand that CC licenses are perpetual unless
> violated), but this begs the question: How does one prove one obtained a
work
> under a Creative Commons license, should there ever be a dispute between a
> creator and the licensee? Is a simple screenshot of the webpage where it
was
> offered proof enough? Any thoughts or suggestions would be appreciated."
> 
> - Rob.
> 
> _______________________________________________
> cc-licenses mailing list
> cc-licenses AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses

-- 
~~~~~~~~~~~~~~~~~
Mathias Klang, LL.M., Ph.D.
IT-University, University of Goteborg,
Box 8718, 402 75, Goteborg, Sweden.
Tel:+46 31 786 55 63 or Mobile: +46 705 43 22 13.
http://www.chl.chalmers.se/~klang/wrote/   http://resistancestudies.org
~~~~~~~~~~~~~~~~~

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