Development of Creative Commons licenses

[Gregor Hagedorn <g.m.hagedorn AT gmail.com>]

> For what it's worth, ND is no better than "all rights reserved" for

the purposes of complying with Wikimedia policy; the justification
would have to be in local project policy as "fair use". But this is a
discussion for another venue.

Yes, but since there is no fair use in the combination of US, German, Austrian and Swiss law under which the German Wikipedia is created, there is a problem here. It needs to fullfill the obligations of the primary addressed users and the uploaders (German, Austrian and Swiss law) and those of holders/publisher/service provider under U.S. law.

As a consequence, unlike the English WIkipeida there are no CD/DVD/game/music/book covers/product images on the German WIkipedia. This is a problem for many Wikipedias, which CC might contribute solving beyond the prinicple of open content on commons. The idea is to provide a Fair use rationale for the US servers, and canvass producers to agree to an ND license for use in Germany/Austria/CH. I am not sure this would work/be accepted, but at least it could.

If you know a way out of this misery of "lowest common denominator of copyright law" I look forward to try to introduce that into the discussion.

Gregor