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cc-licenses - Re: [cc-licenses] Legal Questions on CC validity and enforceability

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Subject: Development of Creative Commons licenses

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  • From: "Dana Powers" <dana.powers AT gmail.com>
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Legal Questions on CC validity and enforceability
  • Date: Wed, 7 Mar 2007 19:39:44 -0800

Sorry, didn't mean to imply that this was a factual stretch, i.e.,
that some licensors may not understand exactly what the licenses mean;
just that expecting a judge to apply principles of
adhesion/notice/web-wrap to those facts is a stretch. I say that
mainly because I think courts typically put the responsibility to
understand terms of service or license terms etc on the party choosing
the terms, but admittedly I haven't researched that at all. Just a
gut feeling from 1L contracts.

Dana

On 3/7/07, Jonathon Blake <jonathon.blake AT gmail.com> wrote:
Dana wrote:

> There may be room for a new argument - that the CC licensor is not fully
aware of the terms of the CC license she is choosing for her work - but that
seems like a stretch.

Given how photographers understand the CC-BY-SA licence, before its
implications are carefully read and explained to them, I'd suggest
that it is not a stretch to say that people choose licences without
understanding what the terms in it mean. [I'm picking a very straight
forward,easily understood licence here.]

When it comes to CC-BY-NC-SA, or CC-BY-NC-ND, I'd be surprised if 1 in
10,000 people who select either one, understand what it does, and does
not do.

In both instances, I would not be at all surprised if a the licensor
convinced a jury that their understanding of the licence trumps the
legal meaning of the licence --- on the grounds that they were not
fully aware of the terms of the CCLicense that they chose.

xan

jonathon
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