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  • From: Sarah Pearson <sarah AT creativecommons.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] who does "any such" refer to in 2(a)(4)?
  • Date: Tue, 19 Feb 2013 11:38:22 -0800

Hi Luis,

Thank you for raising this. I can confirm that we intended for "any such" to refer to any potential recipient (i.e. future licensee) as in the first sentence of Section 2(b)(4). We will look into clarifying the language.

best,
Sarah

On Mon, Feb 18, 2013 at 7:16 PM, Luis Villa <luis AT tieguy.org> wrote:
by-nc-sa beta 3 says (**emphasis** added):

"Every recipient of the Licensed Material or Adapted Material
automatically receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this Public License.
You may not offer or impose any additional or different terms or
conditions on, or apply any effective technological measures to, the
Licensed Material or Adapted Material that prevent **any such**
recipient from exercising the Licensed Rights."

"any such recipient" reads ambiguously to me. Does it refer to any/all
potential recipients ("every recipient" from the previous sentence),
perhaps even when the work is not going to be distributed? Or is it a
specific "recipient of the Work from You" as in b2 (or 3.0)?

If the former is meant, then perhaps "any such" should be "any
potential"; alternately, if this is supposed to apply only when there
is an actual intent to distribute, then it could be "prevent any
recipient of the Work from You"?

Luis
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