Re: better licence for fosdem, debconf, .., videos...

[MJ Ray <mjr@phonecoop.coop>]

Francesco Poli <frx@firenze.linux.it>
> On the other hand, in the hypothetical case we are talking about,
> Charlie doesn't say "This image is created by Bob" or otherwise tries to
> pass it off as a work by Bob.
> He clearly states that "This image is *based on* the desk image created
> by Bob" (emphasis added).

If he uses that as a credit for the *derived* work, when Bob had no part
in the *derived* work, that still seems passing off or false attribution,
unless there's specific permission.

> What I'm saying is "who decides what is accurate and what is inaccurate
> credit?".
> You seem to imply that the credited person can arbitrarily decide on
> that question.
> I instead think the courts have such a power.

The credit permission can be terminated, but I didn't think we needed the
right to use upstream's name as a credit for something to meet the DFSG.
This seems similar to trademarks vs filenames. The problem with the
CC-generic licence was the requirement that *all* *references* to the
Author be removed, which is an unacceptable restriction on modification
that can make project histories and encyclopedias seriously incomplete.

I'm saying that I don't know any case of courts rejecting the credited
person's argument, apart from the blindingly obvious.  On the other
hand, I've seen many like Alan Clark where they agreed strongly, or
this recent Claudia Schiffer cookbook one which didn't even reach
court: http://news.independent.co.uk/media/article351990.ece

If there's any doubt, I think the credited person usually gets to decide
whether a credit is acceptable, even if true, so CC-Sco only gives extra
permission and doesn't restrict the four freedoms.

I still consider that X11-style licences are the best for these
videos, and that Artistic is acceptable, but also that CC-Scotland-by-2.5
is an acceptable licence that corrects the DFSG failures of CC-generic-by-2.5.

Unless there's objection, I suggest we stop cross-posting to -video now.

Hope that explains,
-- 
MJR/slef
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