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

[Don Joyce <dj AT webbnet.com>]

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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