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Re: Creative Commons Attribution license element

On 2004-06-09 09:17:45 +0100 Evan Prodromou <evan@debian.org> wrote:

I just don't think the second paragraph in the trademark box is
binding in any way. After all, Creative Commons (quite wisely) states
that it is not a party to the license. For what reason, then, should
either of the parties be bound by the excessive trademark restriction

It seems it should not be in the licence. I admit, I didn't understand why it should be part of the licence, from the situation you describe. Sadly, that doesn't mean that people don't have to comply with the licence as written. People have added the trademark block to Creative Commons licences as part of their licence. For example, the subversion book includes it in their copyright licence at http://svnbook.red-bean.com/svnbook/ape.html

This bug has spread!

But I think Bob isn't bound by Evil Commons's decree in any way --
neither under trademark law, nor under copyright law, nor under the
license agreement. _Alice_ didn't Bob couldn't use the trademark; Evil
Commons did.

Why isn't he? Complying with CC's trademark terms is a condition of the licence Alice used. Being someone else's trademark doesn't excuse Bob from complying with the copyright licence, including agreeing to use the CC trademark however it is permitted, does it? It's just that Alice and CC both need to go evil to attack Bob.

My Opinion Only and possibly not of any group I know.
http://www.ttllp.co.uk/ for creative copyleft computing
Help hack the EuroParl! http://mjr.towers.org.uk/proj/eurovote/

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