Development of Creative Commons licenses

[jonathon <jonathon.blake AT gmail.com>]

On 02/26/2013 07:47 PM, Kat Walsh wrote:

>we don't currently know of any license with terms similar enough to
BY-NC-SA that CC would want to recognize it as compatible.

Is that because nobody working on CC 4.x has analysed the existing
licenses that are based upon BY-NC-SA, or is it because those licenses
have been analysed, and deemed "incompatible" under this proposal?

> However, we recognize that one may exist that we don't know of, or
that some may exist in the future.

Whether or not the _existing_ licenses are compatible revolves around
the precise legal definition of Non-Commercial.

My opinion remains that "Non-Commercial" needs a formal, precise
definition in the license itself. A bright line that minimizes, if not
eliminates the current murkiness about what is, and is not
"Non-Commercial", and "Commercial".

> We are hesitant to include such a mechanism if it could encourage
> others to write incompatible licenses with the intent of seeking

How many forks of the BY-NC-SA license have been analysed by anybody
working on CC 4.x?

What percentage of those licenses would be compatible with this proposed
addition to BY-NC-SA?

Does that analysis look at the rational for creating a fork, rather than
using the CC BY-NC-SA?

> it is unlikely that any such license would be created and have any
> significant number of works licensed under it, regardless of whether
> the mechanism was included in BY-NC-SA.

If you mean a license specifically crafted to be different from
BY-NC-SA, but compatible with it, then such a license is unlikely to be
created.

OTOH, if you mean a license that is roughly compatible with BY-NC-SA,
then the history of the currently existing forks ensures that several
umpteen more will be created, regardless of the changes, if any, that
Creative Commons makes with BY-NC-SA 4.x.

jonathon
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