Cc-uk mailing list

["Christiane Asschenfeldt" <christiane AT creativecommons.org>]

 [mailto:LordJustice.Jacob AT courtservice.gsi.gov.uk]

Sent: 22 March 2004 09:46

To: 'Nadine Antun'

Subject: RE: Creative Commons: New Schedule

 

As i said before I am not going to get into detailed draft.

But I have the following, fairly fundamental comments.

1. This document is near unreadable. it is much too complex. It would

not be intelligible to its intended users without a couple of lawyers - and

I am not sure to the. I really think it would be wise to start with a new

drat.

2. It shows signs that the author did not understand much - here are a

couple of examples.

(a) 2nd Recital opens "By accessing the Work provided here2 What is that

supposed to mean? By looking at this yo are bound by its terms?

(b) Fair dealing. A nonsense provision - you cant contract out of it - it

is just not an infringement. No need to say anything - if you must it

would be "the licence here conferred is in addition to the limitations on

the scope of copyright created by the Act."

(c) It is pretty hopeless to have a purely UK licence. People do not want

only national freedoms. And I see no reason why, in principle, the licence

conferred should not be worldwide.

(d) Warranty from Licensor - Unfair. If were a licensor I woult not give

it. it is one thing to say you can use my work for free. it is another to

give a warranty to a free user. They must take their chance.

 

Sorry to be so brutal.

<<attachment: winmail.dat>>