Development of Creative Commons licenses

[paola.dimaio AT gmail.com]

Jordan
thanks for your analysis and conclusion, which I (doctrinally) agree with
I do think however that such a license would be a derivative, and
compatible for all intents and purposes, thererfore it could be used
with equivalent legal validity to a cc license
Due to intrinsic similarity, it could be meshed up easily
with other ccs

I realise this may require some broad reading, but given the nature of
the good cause
I feel I could defend it

whatdyathink?

pdm



On 10/1/07, Jordan S Hatcher <jordan AT opencontentlawyer.com> wrote:
>
> On 1 Oct 2007, at 14:46, paola.dimaio AT gmail.com wrote:
>
> > however, given the possible mess, I think the simple way around is
> > that I will create an ethical clause and place it as a precondition
> > for licensing any of my work
> > if the condition is met (eithical criteria etc), then then work can be
> > used under the terms of the cc (license type to be selected)
> >
> > This would cover my purpose and not interfere with any licenses
>
> The end result is *still not a Creative Commons licensed work. The
> licence of the work in the scenario described above is your
> precondition + the terms of a CC licence. This is *not a CC licence
> because it is the equivalent to you having one document that had all
> the CC licence terms + your "ethical use only" clause.
>
> It is not, for example, CC-BY-SA compatible (IMO) because YOU have
> added another restriction to the work.
>
> As an illustration, say you had said that everyone except the
> military could use your work as CC-BY-SA. The goal of as well as the
> text of the CC-BY-SA licence does not allow for discrimination based
> on fields of endeavor. You have added a clause (call if a
> 'precondition' if you like, it is still a part of the terms for using
> the work) that discriminates on who can use the licence. Therefore it
> is not compatible with CC-BY-SA material.
>
> I also don't see how you can call the end result a CC licence, as
> what you are really doing is creating a licence that is your
> precondition + the terms of a CC licence. As mentioned, that is the
> PDM licence, and not a CC licence.
>
> Thanks!
>
> ~Jordan
>
>
> ____
> 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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>


-- 
Paola Di Maio
School of IT
www.mfu.ac.th
*********************************************