Development of Creative Commons licenses

[Sarah Pearson <sarah AT creativecommons.org>]

Thanks for working through this.

On Tue, Aug 19, 2014 at 9:28 AM, Engel Nyst <engel.nyst AT gmail.com> wrote:

* the conditions for copyright are those FAL states, for copyright. The
BY-SA 4.0 licensor has additionally licensed their work under FAL...[snip]

Just to clarify, the BY-SA licensor has not actually licensed their work under the FAL, they have just allowed reusers to refer to the FAL for purposes of satisfying their obligations. (Nitpicky, I know, but important!)
 

* the conditions for database rights are those FAL states, for database
rights - meaning none. BY-SA 4.0 licensor has given permissions to their
use, but when we look for conditions, we look at FAL, and there are NO
conditions for that use.

I see what you are saying, but our reading of 2a5B is that reusers would just have to attribute for any use requiring permission under BY-SA. The FAL may not specify exactly how to do it in the context of database rights, but all it means is including the attribution elements in the FAL.

Another way of articulating it is - reusers may use the FAL attribution method anytime attribution is required under BY-SA.

Hope that helps!