Cc-uk mailing list

[Prodromos Tsiavos <prodromos.tsiavos AT socio-legal-studies.oxford.ac.uk>]

Some further clairifications in relation to the CC-UK licence draft:

(a) Regarding omitting the waiver of the integrity right. The position 
advocated
by the iCC is the CC-UK licence to remain silent in relation to what happens
with the integrity right at least at this stage of the iCC licences 
development.
The argument has as follows: It would be ok to explicitly waive the integrity
right only if we had introduce a separate IN (integrity) licence element, so
that they could decide whether they would like to assert or waive their
integrity right. The iCC would like such changes to be uniformly introduced 
and
not just by individual national CCs. Hence, they suggest that this could be a
new element for CC 3.0, but should not be introduced before such a decision is
taken. By remaining silent on the issue, we retain compatibility with the US
licences that do the same and with the continental europe licences that do not
contain particular provisions in relation to the assertion of the moral 
right. I
personally believe that we should push for an extra licence element in the 
next
CC version but I respect the iCC efforts for retaining a minimum of
compatibility between the existing licences.The interoperability between the
national licences as it happens under the current system assumes that only the
existing licence elements constitute the parametres on which the compatibility
between the different licences operates. For instance the CC-UK is compatible
with the CC-Japan and CC-Germany that contain the same licence elements. If we
introduce a new implicit licence element then the existing compatibility
mechanism will not work smoothly any more.
(b) regarding the CA licences prevailing over CC-UK licences. There I agree 
with
the comments repeatedly posted in this list: it will most probably lead to the
black hole effect. The problem we has was that the BBC was unwilling to remove
their definition for NonCommercial. This is the point where we need to make a
decision of whether we want the CA content to be mixed with the CC content or
not. I would be more than happy to implement any other solution to ensure that
compatibility may be achieved without having the balck hole effect, so any
suggestion would be most welcome.

Please let me know what you think.

Best,
pRo