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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: "Luis Villa" <luis AT tieguy.org>
  • 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: Thu, 8 Mar 2007 00:25:56 -0500

On 3/7/07, Dana Powers <dana.powers AT gmail.com> wrote:
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.

I'd love to hear one of the experienced licensing lawyers on the list
weigh in on this, if any of them have time. I have my own EWAG[1] as
to the outcome, but I'm only a 1L so I'm not so bold as to share them
with the list ;)

Luis

[1] http://acronyms.thefreedictionary.com/EWAG




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