Development of Creative Commons licenses

[Eric Garner <ejgarner AT yahoo.com>]

--- Terry Hancock <hancock AT anansispaceworks.com>
wrote:

> 
> Where is the empirical evidence for the claim that
> "NC licensed works
> are more likely to fall into a 'dead zone' than SA
> licensed works"?

Here's how you *might* be able to quantify this: let's
say Jenny has two songs presumably of equal quality,
one NC and one SA, and they both get downloaded the
same number of times but the SA song gets
substantially more airplay in Webcastland. The
difference in play count between the two could be a
pretty good indicator, provided Jenny's able to track
airplays accurately.
 
> Can you define what a 'dead zone' is? (That is,
> offer a metric that
> evaluates when something is 'dead').

The song that never gets airplay in the situation
above due to licensing restrictions is as good as dead
in my book! ;)

> Jenny will never discover the error if there is no
> evidence of the
> failure, or of what caused it (she may just think
> her music sucks,
> become depressed, and stop producing music at all,
> for example).
> 
> >>The best thing we can do to help Jamming Jenny is
> >>not pander to her
> >>misunderstanding.
> 
> Better yet, we can offer tangible proof of the
> misunderstanding and it's
> causes.

Precisely! That's why I think the dangers of
non-accessibility for webcasters should be made more
obvious for Jenny at the time she's choosing her NC
license, if tweaking the license itself is out of the
question.

> Let's not forget that Jenny can always re-license
> the work. Just because
> she's previously licensed it NC doesn't mean she
> can't re-release under
> By-SA licensing (the exception to this,
> unfortunately, is if the work is
> derived from NC works).
> 
> The only problem with this is that it won't happen
> if Jenny never
> figures out that the license is her problem.

Right right!

> Which of course, pre-supposes that the license is
> her problem. Is it?
> Can we prove that even to ourselves?

This is completely subjective, suggesting that
people's reaction to Jenny's music could be
measurable. This might be so if you use the number of
song downloads and/or webcastings as a measurement,
but commercial radio has proven lately that this, too,
can be manipulated. I'd venture to say that Jenny
would have much more accurate results with her
measurements!
 
Thanks,
Eric