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cc-licenses - Re: [cc-licenses] Version 3.0 — It's Happening & With BY-SA Compatibility Language Too

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Subject: Development of Creative Commons licenses

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  • From: James Grimmelmann <james AT grimmelmann.net>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Version 3.0 — It's Happening & With BY-SA Compatibility Language Too
  • Date: Mon, 12 Feb 2007 21:33:32 -0500

Mia Garlick wrote:
so i always appreciate feedback on how to draft things better, especially when we are trying to forge new ground...i guess though, that i am not convinced that the issues identified here warrant the changes suggested....my sense is that the objection is more a stylistic one to the phrase "including without limitation" .... than to the actual structure...but maybe i'm wrong...

I think that is right. Given your concerns about timing and flexibility, I agree that getting compatibility language into the 3.0 versioning, and soon, are important goals. While I disagree that these conditions should be in the license at all, I would not want my concerns to block this important change.

As you note, however, I remain very worried about the phrase "including without limitation." To me the natural reading, in context, was that CC could approve a license that had the same terms, purpose, and effect, but was also allowed to approve a license that did not. I hear you to be saying, though, that intention of that section was to indicate that CC might impose additional conditions in addition to make sure that the license remained essentially equivalent.

Have I just been ruined by law school to insist on overly-close readings, or would the new paragraph express the desired sentiment more clearly if "including without limitation" were simply dropped? Or replaced with "at the least"?

These questions are all, as you say, stylistic, but past experience on this list has shown that handling stylistic details well is good future-proofing.

James




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