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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: Francesco Poli <invernomuto AT paranoici.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Aggregation and Stronger SA
  • Date: Mon, 14 May 2012 00:12:41 +0200

On Fri, 4 May 2012 12:11:53 -0400 drew Roberts wrote:

> On Wednesday 02 May 2012 17:08:36 Francesco Poli wrote:
[...]
> > Well, a non-existent copyright cannot be used to limit any access or
> > legal rights!
> > Hence, I think that it's implicitly assumed that, when no copyright
> > results from the compilation, the compilation itself automatically
> > satisfies the constraint about its copyright.
> >
> > I therefore believe that non-creative compilations may more easily
> > (than creative ones) qualify as "aggregates".
>
> Read the quote again. It is perhaps an unimportant point but still. In the
> GPLv3, aggregates have copyrights.

As I said, I think the GPLv3 text implicitly assumes that, when no
copyright results from the compilation, then the compilation
automatically satisfies the part of the "aggregate" definition that
talks about the resulting copyright.

[...]
> > On Mon, 30 Apr 2012 18:46:36 -0400 drew Roberts wrote:
[...]
> > > You could take my BY-SA underwater photos and put them along with your
> > > ARR underwater photos in a coffee table book and be the only person
> > > allowed to make and sell copies of that book. You would use the
> > > copyrights on your ARR photos to restrict the rights of everyone else to
> > > trade in the book.
> >
> > Yes, probably.
>
> And that is unacceptable. You have a share alike license and don't want to
> share alike at all.

Do you also consider unacceptable putting the Linux kernel on the same
CD as some non-free drivers (think about nVidia proprietary video
drivers, for instance)?
This is done by some (many?) GNU/Linux distributions.

I don't see a significant difference between this case and your coffee
table book example.

If you consider aggregating non-free works with copylefted free works
as unacceptable, well, let's stop running in circles, and let's agree
to disagree on this topic...

[...]
> You could just as easily provide 2 CDs. One with the Free stuff and one
> with
> the ARR stuff.
>
> The user will see no difference after he has installed what he wants onto
> hos
> computer.
>
> In the case of the book. Go ahead and supply 2 books then. One with the
> Free
> stuff and one with the ARR stuff. You will end up with 2 coffee table books
> and not one coffee table book.
>
> A whole different thing.
[...]

I don't see this as a whole different thing.
If the two books are actually two volumes of the same book (say, part I
and part II) they could be considered as one book, but also as two
books.



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