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Subject: Development of Creative Commons licenses

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  • From: azrael <azrael AT open-forensics.com>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: [cc-licenses] Public Performance Clause & More ...
  • Date: Fri, 20 Jul 2007 12:15:37 +0100

Hi All,

I'm currently working in collaboration with some others on creating a methodology for Digital Forensic work, we want to publish publicly so that most people can benefit from the knowledge - we however want to keep control of the document for quality control purposes, and also to restrict it being sold, because ... well basically because we don't want that :-)

We have a couple of questions regarding the CC licenses Attrib - No Commercial - No Derivs ...

(1) Does No commercial prevent someone using our methodology to create a piece of work for profit ? E.g. Can a paid forensic examiner work a client case according to our methodology and report it according to guidelines that we set if we use the "No commercial" section ...

(2) If the above happens ( either for profit or not ... ) and the acquired results are presented in court, would this qualify as a "public performance" of the work, and would it then be licensed under the same terms ? ( Obviously this is an impossible legal position ... )

We have seen what has been done with the OSSTMM which uses a CC license, along with the addendum of an "Open Methodology License" ... ( http://www.isecom.org/osstmm/ ) which may or may not be necessary ...

(3) There are no issues with licensing a group work provided all contributors agree to the terms, am I correct in thinking that ? Or do we have to create some form of legal entity to license under ?

I would be most grateful for some feedback on this, it isn't a sticking point yet ... :-)

Kind Regards,

Azrael

--
Azrael



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