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Subject: Development of Creative Commons licenses

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  • From: jonathon <jblake AT>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT>
  • Subject: Re: [cc-licenses] Public Performance Clause & More ...
  • Date: Fri, 20 Jul 2007 17:21:03 +0000

azrael wrote:

> (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

The document describes a process. You can't copyright a
specific process. You can copyright text that describes how
to do a specific process.

The USPTO is dumb enough to issue patents on things that are
covered by patents, so you might be able to patent it.
OTOH, the patent will be revoked when challenged.

> 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 ? (

Unless the individual reads from your document, it won't be
a "public performance". If they do read from the document,
"fair use' would probably apply.

> We have seen what has been done with the OSSTMM which uses a CC license,
> along with the addendum of an "Open Methodology License" ... (

a) The Open methodology licence is incompatible with the
CC-SA-ND licence that they use.

b) If any of their work product uses both licences, the
individual that acquires the work gets to select the licence
that they want to redistribute the material under.

> 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'd suggest that contributors sign a form stating that they
agree to their contribution being redistributed under the
licence that the organization chooses. that way you may
very explicit what might otherwise be implicit. Things that
are implicit tend to be things that cause difficulties later.



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