Re: Local Creative Commons licences
MJ Ray wrote:
>The English licence seems more established than the Scottish one
>and contains the problems from the US one, as far as I can tell.
>I've not seen an RFC from the English drafters, though.
The English one also contains the unacceptable "clause 7" trademark terms,
which is a translation of the boxes which were supposed to be "NOT PART OF
THE LICENSE". :-( Furthermore the English version subjects every case to
English jurisdiction. Ow.
The Scottish drafters just removed clause 7 from their draft, and seem to have
fixed the DRM clause. Take a look.
The Scottish version only subjects cases *against* the author to Scottish
jurisdiction. Do we think this is free? I think it might be.
The "Derogatory Treatment" sections are troublesome, but it appears to be hard
to waive any part of the derogatory treatment rights under Scottish law...
unfortunately, the license appears to apply derogatory treatment prohibitions
on people who are not subject to Scottish law; it's hard to tell how that
would actually play out in practice. However, the relevant law states that
it does not apply to "a computer program or to any computer-generated work".
Depending on how broadly "computer-generated work" is understood in Scottish
law, this might provide a good escape clause. In addition, it doesn't apply
to "the publication in ... [a] collective work of reference... of a literary,
dramatic, musical or artistic work made for the purposes of such
publication". That might also provide a good escape clause.
The Scottish CC (by) draft looks very close to DFSG-freeness, in fact closer
than the regular CC licenses; I don't see any issues except the Derogatory