Development of Creative Commons licenses

[Gregor Hagedorn <g.m.hagedorn AT gmail.com>]

If I interpret the statements of others correctly, we are largely in
agreement that a reinstatement option is a necessity to make the CC
licenses as long-lived as we expect them. There may be discussion
whether, _in addition_, a cure period is desirable (I personally think
not). Regardless of this I believe the best way forward is to split
these discussions and first formulate a reinstatement option, then
discuss the advantages and disadvantages or making the reinstatement
retroactive (which could indeed limit the ability to recover legal
cost).


For comparison, the present 4.0d2 says:

=====CURRENT START=====
Section 5 — Term and Termination.

a) This Public License is perpetual for the duration of the term of
the underlying copyright or Copyright-like Rights licensed by
Licensor. If You fail to comply with any condition of this Public
License, this Public License terminates automatically, and You must
obtain express approval from Licensor to use the Work thereafter.

b) For the avoidance of doubt:
 1. upon termination of this Public License for failure by You to
comply with any of its conditions, this Public License remains in full
force and effect for third parties who received the Work or an
Adaptation from You so long as they remain in compliance; and
 2. Licensor may release the Work under different licensing terms or
stop distributing the Work at anytime; however, doing so will not
terminate this Public License.

c) Sections 1, 4, 5, and 7 survive termination of this Public License.
=====CURRENT END=====

I propose a wording like:

=====PROPOSAL START=====
Section 5 — Term and Termination.

a) This Public License is perpetual for the duration of the term of
the underlying copyright or Copyright-like Rights licensed by
Licensor. If You fail to comply with any condition of this Public
License, this Public License terminates automatically.

b) For the avoidance of doubt:

 1. To use the Work without fulfilling all conditions of this Public
License you must obtain express approval from Licensor if the use of
the Work is not already covered by legal rights you otherwise have.
 2. You may choose to fulfill all conditions of this Public License at
a later time, upon which the license will be reinstated from this
point in time onward. Should you have used the Work without fulfilling
all conditions of this Public License in a way that enables the
licensor to claim damages or recover cost from You, a reinstatement
will not limit the ability of Licensor to claim damages or recover
cost for the period in which the Work was used without a license.

 3. upon termination of this Public License for failure by You to
comply with any of its conditions, this Public License remains in full
force and effect for third parties who received the Work or an
Adaptation from You so long as they remain in compliance; and

 4. Licensor may release the Work under different licensing terms or
stop distributing the Work at anytime; however, doing so will not
terminate this Public License.

c) Sections 1, 4, 5, and 7 survive termination of this Public License.
=====PROPOSAL END=====

Except for the renumbering, there is no change from point b-3 onward
(formerly point b-1).

I did change the "and You must obtain express approval from Licensor
to use the Work thereafter" to clarify that this would not affect
legal rights to a Work (e.g. citation, fair use) that one may have
without a license being present.

Please correct this draft should it be anywhere to imprecise.

Gregor