Cc-uk mailing list

[Rob Myers <robmyers AT mac.com>]

I am not CC.

On Thursday, October 28, 2004, at 08:49AM, Edward Barrow 
<edward AT copyweb.co.uk> wrote:

>Is the objective to 
>create a slot-in version of the legal code that will work in the UK, while 
>keeping the human-readable Deed parts the same? 

Yes.

>(2) The UK drafts are cast as bare licences while it appears that the US 
>licences are cast as contracts. Does this create an incompatibility? 

I think the US CC licenses are licenses, not contracts. I think US law maps 
these ideas differently to UK law, so this may be why US lawyers haven't 
grasped the concept when you've brought it up with them. IANAL, so this is 
just an impression.

Article by PJ of Groklaw on how the GPL is a license not a contract in US 
law, which explains some of their distinctions:

http://lwn.net/Articles/61292/

>(4) Collecting societies
>I think the approach adopted works well but it doesn't seem to me to be 
>compatible with the waiver approach adopted in the US licence. (I can't 
>comment on whether the approach would be acceptable to my client the CLA).

I was thrown at first because the draft is the NC version, which retains the 
rights, and I always default to looking at the US BY-SA, which waives the 
rights. The draft looks reasonably similar to the US 2.0 NC to my layperson's 
eyes, but what would you say is different?

- Rob.