Development of Creative Commons licenses

["Mike Linksvayer" <ml AT creativecommons.org>]

On 1/24/08, Jordan S Hatcher <jordan AT opencontentlawyer.com> wrote:
> On 23 Jan 2008, at 00:39, Mike Linksvayer wrote:
> > On 1/17/08, Jordan S Hatcher <jordan AT opencontentlawyer.com> wrote:
> >> -- There is no sign up process like the current public domain
> >> dedication -- Why not? I'd think that a 'signed writing' would be
> >> needed or at least desired. Does this process fit that requirement?
> >> If not, do you think some email process should be there?
> >
> > I have no idea what qualifies as 'signed writing', so please educate
> > me, but I proposed this change internally because the email
> > verification doesn't verify anything -- any email address can be
> > provided and clicked through -- it is no different than just clicking
> > through another web form. The intention is for the confirmation form
> > to be scarier than it is now to warn people off, but we didn't have
> > time to flesh that out by the 15th (which was our self-imposed
> > deadline for opening for public feedback). That is definitely coming
> > (and the same language should presumably be used in an email
> > confirmation, if that is the rubber chicken that is legally required).
>
> I don't know what is legally required. My thoughts are that
> assignments -- transferring your entire copyright to another --
> usually require (AFAIK) some sort of signed writing. So you could
> have an oral license but only a written assignment.  I haven't done
> any research in-depth on this one, but I'm just wondering if it could
> be a part of trying to do a public domain dedication.  Some other
> thoughts are here:
>
> <http://www.opendatacommons.org/2007/12/20/implementing-the-public-
> domain-dedication/>

You wrote 'Because it should involve a "signed writing", we can't just
have people link to the PDDL document when they want to use it, like
people do for the Creative Commons licences. We'll have to do
something more like what CC currently does with their Public Domain
Dedication tool, which involves a series of emails before the work is
dedicated.'

Actually one *can* just link to the PD dedication. It's easy enough to
copy or create the code to do so.  And, as I said, the work isn't
really dedicated until the notice is published.  At least if you go
through the process and click through the emails without publishing
the notice, nothing happens. :)

> > So clicking a link in email is no different than clicking a link on a
> > web page (I say!:)), but the latter is far superior in the context of
> > a license chooser integrated with another site, which is how lots of
> > people choose a CC license, and probably will choose CC0.
> >
> > Finally, going through the PD dedication, license chooser, or CC0
> > chooser doesn't actually dedicate, license, or waive anything. That
> > requires actually publishing the code provided on a web page or pages
> > you control. *That* is the step that is (logically, in my mind anyway)
> > equivalent to signing something. It is a distinct choice, and if you
> > don't do it, nothing is effected.
>
> Good point that it is the placing on the content that is the act in
> this case.  Still not sure how that fits in, I'll have to think more
> about this one.

Please do share any new thoughts on the matter.

Mike