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cc-licenses - Re: [cc-licenses] Aggregation and Stronger SA

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Subject: Development of Creative Commons licenses

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  • From: Arne Babenhauserheide <arne_bab AT web.de>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Aggregation and Stronger SA
  • Date: Wed, 02 May 2012 16:37:28 +0200

At Sun, 22 Apr 2012 10:07:52 +0900,
David Chart wrote:
> > (2) The book could be a combined creative work (depends on a court seeing
> > the
> > name program apply to any kind work).
>
> I have to say that the chances of that happening strike me as somewhere
> between "slim" and "none". There is just no linguistic precedent for
> calling an illustrated book a program.

Why should it be called a program? It is a derivative work, that should
suffice.

> > As soon as the theme of the images fits the text, it’s no mere
> > aggregation
> > anymore and they have to adhere the copyleft.
>
> I think it's much more analogous to binary kernel modules than an extension
> to a larger program. A binary kernel module is obviously not written at
> random, or with no reference to the rest of the kernel.
>
> If "selection to fit a larger whole" creates a copyleft obligation, it
> should be impossible to have Linux distributions that include unfree, or
> even free-but-GPL-incompatible, software, because a Linux distribution is a
> larger whole.

IMO only within limits (see the answer to drew for details)

> I do think drew is right to believe that the GPL does not, in fact, do what
> he wants. The current usages of the licence strongly suggests it doesn't.

I also see some weaknesses there, and I think they should be fixed on the GPL
side instead of creating a cc license which is essentially a GPL that works
for creative works, but not for programs.

If you look at the example of fonts, you already see that they fullfill that:
A GPL font requires documents which use it to be GPL, too. That’s why there
is a font-exception:

* http://www.gnu.org/licenses/gpl-faq.html#FontException
* http://en.wikipedia.org/wiki/GPL_font_exception

Best wishes,
Arne




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