Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Tuesday 24 April 2012 07:31:24 Anthony wrote:
> On Mon, Apr 23, 2012 at 3:21 PM, Rob Myers <rob AT robmyers.org> wrote:
> > IANAL but I don't see why a condition of copying a work cannot be that
> > it not be part of a collection of character X, or even that it cannot be
> > distributed alongside work of character X. It's a condition, like a
> > dollar rate.
>
> Because we can't predict the future.  At the time of copying, we might
> not know whether or not the work is ever going to be part off a
> collection of character X.

Even if this is so, it would mean the license could not prevent one off 
collections but it could still prevent wholesale creation and distribution of 
such collections.

Surely at least as effectively as the current NC license prevents the 
wholesale distribution of NC works.

I mean, I trade you 10.000 BY-SA songs from one artist for 10,000 NC songs 
from another artist back from you. Then I take and include those songs in a 
collection of similarly obtained NC songs and sell them for a profit.

Will that work?

> A condition is a restriction which is 
> imposed on the copying, at the time of the copying.

I have been told that copyright controls more than just the right to make 
copies. The exclusive right to distribute copies of the work for example.

> To impose a 
> restriction, at the time of copying, on the ultimate distribution as
> part of a collection, would require a contractual promise, not a
> license condition.

Why?
>
> You can try to get around this by disallowing copying which is
> "primarily intended for or directed toward" being part of a collection
> of character X.

The GPL even allows for a non-Free derivative to be made of a GPL program. It 
only prevents that non-Free derivative from being distributed.

> But that would leave quite a few loopholes, would 
> make things difficult to objectively judge, and might not even work in
> the first place.

We seem to have a fixation with derivatives and copying when it comes to a 
stronger copyleft for BY-SA photos and the like.

We do not need to limit ourselves to only derivatives. We can try to address 
inclusion in any way in larger copyrighted works. We can also use 
distribution as a control, not just copying. Can't we?

all the best,

drew