Development of Creative Commons licenses

[sebastian nielsen <nielsen.sebastian AT gmail.com>]

A problem with anonymous/psedonymous works is that the license grant
cannot be verified by a third party. In the case of where the
copyright owner is identified, a third party can contact the owner to
ask "did you really release your work under CC 3.0?" for example. A
site might want to do it to prevent a person from uploading a
commercial work and then claiming it was released under CC.
Another problem is that you can't attribute a anonymous work. How do
you attribute a anonymous work?
"[mp3 download link] A song released by Anonymous licensed under CC 3.0"
You could as well write:
"[mp3 download link] CC 3.0"

which means no attribution.

A solution I have, that solves both those problems, is a requirement
to register the work if you want to release it anonymously.
Registration is optional for non-anonymous works, but obligatory for
anonymous works.
The registration consist of "uploading" the work to
creativecommons.org, selecting license, and then writing in optional
details about the work. (for example author and such).
If he want to be anonymous, he omit these fields.

The work will then be md5 hashed and the hash is saved into
creativecommons.org server along with license details. The original
work is never kept because of size considerations.
Anyone can now verify the license by simply navigating to
creativecommons.org and then uploading the work in a "verify" form.
The verify form will md5 hash the content of the file and then check
against license database.

This will also solve the anonymous attribution problem, since then,
the verify page can be considered as "author" in case of a anonymous
work, eg if you distribute a anonymous work, you are required in
connection with the work attribute the verify result page URL.

The point of the optional registration, is that it prevents a person
from claiming anonymous rights in a work released non-anonymously, by
"protecting" it in the database.

Of course, the registration system needs to have safeguards in place
preventing people from registring non-CC works there, for example
bought commercial system. A legal safeguard can be that the
registration system says in the license agreement that only unreleased
works can be validly registred. A physical safeguard can be that it
checks against IFPI databases and such for a match.


2012/8/11 heba <mat.r.gl AT gmail.com>:
> I apologize to create confusion. i'm not a lawyers so sometimes I could be
> use an incorrect term (please correct me).
> But in this case, Anthony understood and summarized well what I meant.
> Some kind of license can be considered contract and not only a simple grant.
> In many state of the world this kind of license are contract, but make a
> common license in this case, with the same rules, for me it's hard and
> difficult.
> Have a nice day or evening for all.
> --
> Micaela Gallerini
>
> 2012/8/10 Anthony <osm AT inbox.org>
>>
>> On Fri, Aug 10, 2012 at 3:17 PM, Ben Finney
>> <bignose+hates-spam AT benfinney.id.au> wrote:
>>
>> > heba <mat.r.gl AT gmail.com> writes:
>> >
>> >> A contract is effective only all parties involved are known.
>> >
>> > A copyright license is not a contract. It is a unilateral grant by the
>> > copyright holder to another party; the party receiving the license does
>> > not have to participate, be identified, or even be aware, they still get
>> > the license on whatever terms the copyright holder specifies.
>>
>> A contract can be unilateral.
>>
>> A license, is a grant of permission.
>>
>> A license agreement is, or at least can be, a contract.
>>
>> Whether or not CC-BY-SA is a contract, is a more difficult question,
>> which CC-BY-SA itself leaves open as a "maybe": "To the extent this
>> Public License may be considered a contract, Licensor grants You the
>> rights under this Public License in consideration of acceptance of
>> such terms and conditions by You."
>>
>> In any case, when discussing this, it's important to understand why
>> you're making the distinction.
>>
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>
>
>
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>