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cc-licenses - Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use

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Subject: Development of Creative Commons licenses

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  • From: Jordan S Hatcher <jordan AT opencontentlawyer.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
  • Date: Mon, 1 Oct 2007 09:10:20 +0100


On 1 Oct 2007, at 03:39, paola.dimaio AT gmail.com wrote:

Jordan

what is the copyright situation for the cc licenses - as you seem well informed
is there a trademark registration?
for which countries?

Anyway, I have no problem in call it MY Creative Commons

unless of course, cc intend to prohibit the usage of the trademark
world wide - which would
be another intersting story

I don't know why that would be particularly interesting -- companies and individuals have trade mark rights throughout the world all the time and even enforce them. There are whole international treaties about trade mark, believe it or not, and while the system itself may be very interesting (at least to me) the idea of one organisation enforcing their trade mark rights within that system certainly wouldn't be novel.

Nobody can trademark the name 'commons' afaik - caust it is a term to
indicate the public domain

They don't call themselves 'commons'. The mark CREATIVE COMMONS is a registered trade mark, and (to cut a long legal argument short) it doesn't matter that COMMONS (may) mean public domain.

I am pretty confident that we'll meet in court anyway one day or another
what's your jurisdiction btw?


I certainly hope not.

:-)\

pdm


On 9/30/07, Jordan S Hatcher <jordan AT opencontentlawyer.com> wrote:

On 30 Sep 2007, at 06:34, paola.dimaio AT gmail.com wrote:

So, my cc licenses from now on will have a 'ethical usage', as per a
definition to be finalized. Which means, the work is licensed under cc
provided the ethical clause is met.

As noted by others, if you do so, this is NOT as CC licence. This
would be the "Paola DiMaio licence" and not a Creative Commons licence.


____
Mr. Jordan S Hatcher, JD, LLM

jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net

Open Data Commons
http://www.opencontentlawyer.com/open-data/

Usage of Creative Commons by cultural heritage organisations
http://www.eduserv.org.uk/foundation/studies/cc2007






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