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Subject: Development of Creative Commons licenses

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  • From: Paul Keller <pk AT kl.nl>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] third party rights
  • Date: Mon, 27 Aug 2012 10:02:45 +0200


On 26 Aug 2012, at 14:26, Rob Myers <rob AT robmyers.org> wrote:

> On 08/25/2012 12:34 PM, Paul Keller wrote:
>>
>> still i would really like to see an obligation on the licensor to
>> make sure that third party rights holders approve the that the work
>> is licensed under the license in question. Form em the licenses are
>> about enabling re-use and i can only re-use something under the terms
>> of the license if that license actually covers the entire work. i am
>> really not concerned about who may sue whom in what what specific
>> circumstances but about what the licenses enable.
>
> v1 of the licenses had a guarantee that third party rights weren't being
> infringed.
>
> See section 5 here:
>
> http://creativecommons.org/licenses/by-sa/1.0/legalcode
>
> It was taken out as it doesn't help. It adds liability to licensors
> without protecting licensees.

can we stop thinking in terms of liability/protection for a minute? clearly
protection and reduction of liability are not the main consideration of most
people using our licenses. they use the licenses because they want to *enable
other to use a specific work*. If that is my intention than it clearly helps
that i am telling the potential user: 'you are free to use the work under
these conditions' and and not some watered down version of that statement.
/paul
>
> - Rob.
>
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