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cc-licenses - Re: [cc-licenses] CC0 beta/discussion draft launch

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Subject: Development of Creative Commons licenses

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  • From: Jordan S Hatcher <jordan AT opencontentlawyer.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] CC0 beta/discussion draft launch
  • Date: Fri, 25 Jan 2008 12:27:16 +0000


On 23 Jan 2008, at 00:39, Mike Linksvayer wrote:

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).

A quick search found this ABA document that outlines some of the things I was thinking about in terms of signatures:

<http://www.abanet.org/scitech/ec/isc/dsg-tutorial.html>

Relevant bit:

A signature is not part of the substance of a transaction, but rather of its representation or form. Signing writings serve the following general purposes:<3>

* Evidence: A signature authenticates a writing by identifying the signer with the signed document. When the signer makes a mark in a distinctive manner, the writing becomes attributable to the signer.<4>
* Ceremony: The act of signing a document calls to the signer's attention the legal significance of the signer's act, and thereby helps prevent "inconsiderate engagements.<5>
* Approval: In certain contexts defined by law or custom, a signature expresses the signer's approval or authorization of the writing, or the signer's intention that it have legal effect.<6>
* Efficiency and logistics: A signature on a written document often imparts a sense of clarity and finality to the transaction and may lessen the subsequent need to inquire beyond the face of a document.<7> Negotiable instruments, for example, rely upon formal requirements, including a signature, for their ability to change hands with ease, rapidity, and minimal interruption.

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








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