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cc-licenses - Re: [cc-licenses] Disclaimers for works of opinion as an incentive to free licensing

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  • From: Rob Myers <rob AT robmyers.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Disclaimers for works of opinion as an incentive to free licensing
  • Date: Sun, 29 Apr 2012 18:26:30 +0100

On 04/29/2012 05:24 PM, "Carlos Solís" wrote:
Several authors in the free software movement (most particularly the
members of the FSF) are reluctant to use DFCW licensing (CC-BY-SA, or
CC-BY) because, in that way, their works of opinion could be freely
modified by others, which could be used to distort their opinions [1].
However, despite of the obvious reason for their decision, such a position
has been perceived as incongruent by free culture advocates [2]. A way to
be able to freely license a work, while guaranteeing that the integrity of
the authors of opinion works and their ideas is upheld, should be of great
concern for the following versions of CC-BY-SA licenses.

BY-SA 3.0 already requires that modified versions be marked:

"3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
[...]
b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work."

It also contains a non-endorsement clause, 4.c:

"You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties."

http://creativecommons.org/licenses/by-sa/3.0/legalcode

My idea to do it would be to add a mandatory disclaimer for derivative
CC-BY-SA works of opinion that states whether the derivative work has been
stated by the original author to be in the spirit of the original work or
not. In the negative case, the derivative work must clearly state that the
derivative work's ideas are solely from the author of the derivative work,
not necessarily from the original author.

This is an administrative burden on both upstream and downstream authors, and an opportunity for game playing on the part of upstream authors. For example if evil author A doesn't answer requests until after my book adapting their book is published, or if popular author B gets requests to approve many fan adaptations.

- Rob.




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