Development of Creative Commons licenses

[Valentin Villenave <valentin AT villenave.net>]

On Thu, Feb 21, 2013 at 11:00 PM, Sarah Pearson
<sarah AT creativecommons.org> wrote:
> Instead, it merely creates a limited means for licensees to automatically
> get permission to use the material once they are in compliance with the
> license.

Doesn't this create a potential loophole by allowing a willful
fraudulent licensee to keep anyone intending to enforce the license at
large by playing cat-and-mouse? e.g. I publish something w/o
attribution; someone complains about it; I reinstate appropriate
credits, wait a couple of months (thereby regaining my rights), then
remove the credits and wait for someone else to complain again.

In this day and age, enforceability is often about collecting evidence
as soon as possible (e.g. have a law officer or an attorney make an
authenticated/timestamped screenshot as soon as the violation is
discovered). This new provision makes that impossible; the upside is
that it "automatically" (as you said) assumes everybody's in good
faith, but I for one am afraid that's an overly optimistic assumption
to make.

Regards,
Valentin.