Development of Creative Commons licenses

[Jordan S Hatcher <jordan AT opencontentlawyer.com>]

On 24 Jan 2008, at 20:00, Mike Linksvayer wrote:

> 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. :)



Yes, I wasn't saying that one can't link directly to a publicly  
available URL I'm assuming that most people go through the point and  
click system to license their work on the CC site, rather than going  
through and linking directly to the legal code (or the summary),  
though I suppose CC might have some user data that indicates either  
way. I'd like to know everyone's thoughts on if just linking to a  
dedication is *valid* not whether one can do it.

What I'm wondering is:

-- Is a signature required on the part of the dedicator of a work to  
actually dedicate it to the public domain?
----(if not, should it be?)
-- If a signature is required, does placing a direct link to the  
dedication legal code on the content meet the requirements for an e- 
signature?
----(in the US or elsewhere?)
-- If a signature is required, does the back and forth email process  
that CC currently uses meet the requirements (for an e-signature)?

So the complete dedication process is:

1 -- decide on public domain dedication
2 -- Choose the dedication, possibly signing your intent to do so  
during this time through the system CC currently has
3 -- Placing the dedication on the work, letting others know.

Though in writing this email out and reviewing the process, maybe it  
isn't true that "nothing happens" without publishing the notice. The  
process to dedicate your work to the public domain using the CC tool  
as it stands now involves:

--describing the work (giving the title)
--declaring that you are the owner
--giving your email address
--confirming the actual text of the legal code with your information  
added and your intent to dedicate your work
--ONLY then do you get access to the copy and paste code...

...which you then use to label on your work.

Is dedicating your work to the public domain only complete once  
you've put a link back to the dedication on it? You've already done  
all the important stuff -- you've described the work and confirmed  
your intent to so dedicate your work.  CC "knows" you've done so  
because you went through the process (I don't know if you keep  
records of it or not).

Is the last step -- marking your work -- only "advertising" or is it  
a final required step in the dedication?

So maybe the following isn't true:

>  At least if you go
> through the process and click through the emails without publishing
> the notice, nothing happens. :)

Am I off base? Is this a real problem?  I think that regardless of  
whether a signature is required, that the process as it stands now  
should be used for CCZero because dedicating your work to the public  
domain is serious stuff, and so should be treated differently than  
point and click licences.

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://opendatacommons.org>

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