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cc-licenses - Re: [cc-licenses] Free as in Gru

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Subject: Development of Creative Commons licenses

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  • From: Peter Brink <peter.brink AT brinkdata.se>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Free as in Gru
  • Date: Sat, 28 Apr 2007 09:18:19 +0200

Greg London skrev:

What are you talking about? Of course a CC license transfers
some rights. Just not the rights that someone like
ASCAP would purchase.


You don't really understand how a copyright license works do you? A license _does not_ transfer any copyrights. The word transfer has a specific legal meaning. It means a full transfer of ownership of an object from one entity to another. A copyright license "leases" some of the powers the licensor owns to the licensee. The licensor still owns the copyright. This scenario can of course be more complex than this if we are dealing with a chain of sub-licenses.

An open source/open content license however does not let the licensee lease parts of a copyright. Such licenses _lends_ a part of the licensor's copyright to the licensees. This is however not an unconditional loan, it comes with some terms and conditions.

A right is something I can demand. If I borrow something I cannot demand to be allowed to do what the owner will not let me do. I have no real rights. An source/open content license makes a licensee free to use a copyrightable object in ways he might not have done otherwise.

To me the use of "freedom" in this context is fully accurate.

/Peter Brink




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