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Re: Local Creative Commons licences

Nathanael Nerode <neroden@twcny.rr.com> wrote:
> The Scottish drafters just removed clause 7 from their draft, and seem to have 
> fixed the DRM clause.  Take a look.
> http://www.jonathanmitchell.info/cc/cc_sco_licence.html

Yes, I'm quite happy about Jonathan Mitchell's response to comments
and will tell him so. For the points I made which he does not accept,
he explained his reasons in a clear manner. Well, the DRM stuff is
fixed as far as possible with the current legislation, yet keeps
the "no DRM lock-outs" intent safe IMO ;-)

> The Scottish version only subjects cases *against* the author to Scottish 
> jurisdiction.  Do we think this is free?  I think it might be.

I'm not sure about that, but as the commentary states "it may be a

> The "Derogatory Treatment" sections are troublesome, but it appears to be hard 
> to  waive any part of the derogatory treatment rights under Scottish law... 

Yes, I think fuzzy law is the problem there too. I don't think the
licence is adding problems to the situation. The great benefit of
the wording is a neat side-step of all the "author name purge"
trouble with the US licence while still having a clear "don't
misattribute" intent.

> 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. [...]

The licence chooses law of Scotland, so I think it would apply to
this licence anyway, even if not stated.

> 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 
> Treatment business.


MJ Ray (slef), K.Lynn, England, email via http://mjr.towers.org.uk/

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