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cc-sampling - Re: [cc-sampling] a Q about the putting together the final sampling license

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Subject: Development of the Creative Commons Sampling license (or license option)

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  • From: Don Joyce <dj AT webbnet.com>
  • To: creative commons license list <cc-sampling AT lists.ibiblio.org>
  • Subject: Re: [cc-sampling] a Q about the putting together the final sampling license
  • Date: Sun, 27 Jul 2003 15:22:42 -0700

Glenn,
I suppose your preference below is technically correct, but I fear it's also somewhat confusing in these aspects of how the old and new licenses overlap. How can these overlap possibilities possibly be explained simply during one's approach to picking a license? I can hardly follow it here, and I know what you're talking about.

Mainly, we now need to see the actual wording proposals in front of us I think to get any further on preferences in wording. There we can see what was and what is together. Doing this mentally is difficult.

I am concerned that the free sampling license may become diluted in its "differences" when too many of its option potentials are actually left unsaid because they're technically covered by the existing license in some way if they go unstated in the new license. The sampling license idea is actually pretty simple and one really doesn't need more than one licence to allow it in all the ways one might want to or not want to.

I don't like the idea of needing to take out two licenses if you want certain aspects to coincide in the right way. You're going to have to hold people's hand in selecting a combination of licenses according to what they want to do, trying to explain how they work individually vs. together.
I wish we were not relying on the overlap aspect at all, but writing total wording for a total license that's clearly different from the original license and intended to be, and that's all one needs for all inclinations of free sampling, even if the old license also covers some aspects of sampling. This is probably impossible, but that's what I wish. So someone approaching these licenses with a mind to allow sampling can find EVERYTHING they need in one new sampling license for this specific purpose without mixing and matching. I fear this overlapping of license stipulations diminishes the distinctness of the new license and will cause confusion via complexities of interweaving old and new licenses. Plus the MESSAGE of the new license (very important here) becomes blurred and mixed with the old one in ways that may be stated but not necessarily clear anymore.

I will be happy if this confusion is not so evident when we see all the actual wording of the proposed license, but we need to see it.
DJ








A question I came across while integrating our sampling language with the regular boilerplate from cc's other licenses -- and a proposed answer:

(1) All current CC licenses allow free verbatim copying for noncommercial use. Even if you pick the most restrictive license we have, people can copy your stuff for
free provided they don't profit from it or change it.

(2) Do we want this to be true under the Sampling License as well?

That is, the new value of the sampling Sampling License is that it

a) prohibits commercial verbatim copying while
b) allows commercial creative transformations.

Do we also want it to allow, like our other licenses, licensees to "copy, distribute, display, and perform verbatim the work" as long as they're doing so for
noncommercial use?

Here's my preference, with an eye toward simplicity -- of code, user experience, website planning, logic, low number of variations, etc.

We say that the Sampling License is a very specialized use license, and that in and of itself, it does not allow even noncommercial copying, but rather simply
(a) and (b) above.

I can imagine there will be bands/artists who want to encourage sampling but aren't yet comfortable adopting the all-out free copying (even for noncommercial) CC approach.

These people can use the new Sampling License.

For those who are interested in both encouraging sampling and allowing free copies, they can license their stuff under an existing CC license _and_ the sampling license,
which will mean that the world can choose which license to use the work under.

What do you all think?

Glenn







--------------------------------------------------------------------------------------------
Glenn Otis Brown glenn AT creativecommons.org
Executive Director t +1.650.723.7572
(cc) creativecommons f +1.650.723.8440



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