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cc-licenses - Re: [cc-licenses] Unbundling the GPL

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <rob AT robmyers.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Unbundling the GPL
  • Date: Thu, 26 Apr 2007 08:32:53 +0100

Terry Hancock wrote:

Trying to use NC/ND licenses for software though, is even more niche,
and less-defensible (and less competitive) because we know there is a
better way to promote production, which is very successful. In this
context, it's hard to justify the restrictions, because they are
"unnecessary evils".

NC and ND will inhibit production both directly (people won't derive so much) and indirectly (people won't buy as much and incentiviseate the NC/ND producers to make more). But this is not the main issue.

Software is a tool. People shouldn't be fooled by the existence of written source code or the legal bodge that declares this a literary work. A Free Software license just says "you can use this screwdriver as you like", whereas a EULA says "you cannot use this screwdriver to open paint tins, you mustn't tell your friends how to use it, oh and you're renting it not buying it". The EULA is clearly a limit on your freedom, it is not just part of a fun range of choices for consumers.

So people asking for NC or ND for software are asking how they can sell you a screwdriver that they can forbid you from using in certain ways without negotiating with them. As a business plan that is unlikely to appeal more to people than just sending someone round to screw their desk together or just selling them the screwdriver without silly restrictions, and as a social act it is coercive and exploitative.

- Rob.




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