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Re: Draft summary of Creative Commons 2.0 licenses (version 2)



On Thu, Jul 22, 2004 at 01:21:17AM -0400, Evan Prodromou wrote:
> But in evaluating licenses, we have to assume that the Licensor is not 
> good, generous, or rational. If we can convince ourselves that the license 
> grants the licensees freedom _even_when_ the Licensor is possessed by 
> Captain Howdy and starts spewing green goo out of their eye sockets, then 
> we can be reasonably certain that works released under the license are 
> really Free.
> 
> Unfortunately, taking this tack makes us look like mean and vituperative 
> a-holes.

The word is "lawyers". They'd do exactly the same thing, for the same
reasons, if this were a proper license being negotiated by two
parties, rather than one party trying to stuff a vague and open-ended
document down the collective throat of the world.

> So, if Programmer Joe really wrote a program and made the documentation 
> available under the by 2.0, and I created a modified version and wrote in 
> the modified documentation:
> 
> 	Programmer Joe's version of this algorithm ran in O(N^2) time, but 
> 	our 		
> 	new version runs in O(NlogN) time.
> 
> ...then, as the license is written now, Joe could request that I remove his 
> name from this sentence.
> 
> Now, is this earthshatteringly bad? Not really. We could obviously work 
> around it, and program documentation that leaves out reference to the 
> original version and its authors would probably be more or less usable.
> 
> But opinion here seems to lean to the side that letting Licensors have this 
> level of editorial control over modified versions of a document makes that 
> document non-free.

Notably it fails the smoke test: this clause prohibits us from
including the work in Debian, since we cannot realistically satisfy
this requirement. That means it's got to be non-free.

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
   `-             -><-          |

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