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Re: Comments on the latest public CC draft



On Sun, 25 Feb 2007 22:51:32 +0100 Francesco Poli wrote:

[...]
> I still have to read the final text (I am not so fast!): hence I don't
> know whether there are differences with respect to the draft I
> analyzed (but I've been told that there are).

OK, I dumped the final text of CC-by-sa-v3.0/us and did a rapid wdiff
run against its latest draft.
There actually are differences, but they seem to be mainly of cosmetic
nature.

You can find the license text at
http://creativecommons.org/licenses/by-sa/3.0/us/legalcode


As far as the clauses I previously quoted are concerned, the final
phrasing is as follows.

Section 1(b) states:

| b. "Creative Commons Compatible License" means a license that is
|    listed at http://creativecommons.org/compatiblelicenses that has
|    been approved by Creative Commons as being essentially equivalent
|    to this License, including, at a minimum, because that license:
|    (i) contains terms that have the same purpose, meaning and effect
|    as the License Elements of this License; and, (ii) explicitly
|    permits the relicensing of derivatives of works made available
|    under that license under this License or either a Creative
|    Commons unported license or a Creative Commons jurisdiction
|    license with the same License Elements as this License.

This section is a bit rephrased and clarified, but the substance is
basically unchanged.  The issues I raised still hold.

Section 4(a) states, in part:

|    If You create a Collective Work, upon notice from any Licensor
|    You must, to the extent practicable, remove from the Collective
|    Work any credit as required by Section 4(c), as requested. If You
|    create a Derivative Work, upon notice from any Licensor You must,
|    to the extent practicable, remove from the Derivative Work any
|    credit as required by Section 4(c), as requested.

This part is basically unchanged (apart from some minor cosmetic word
substitutions) and hence does not make a difference for the issues I
raised.

Section 4(b) states, in part:

| b. You may distribute, publicly display, publicly perform, or
|    publicly digitally perform a Derivative Work only under: (i) the
|    terms of this License; (ii) a later version of this License with
|    the same License Elements as this License; (iii) either the
|    Creative Commons (Unported) license or a Creative Commons
|    jurisdiction license (either this or a later license version)
|    that contains the same License Elements as this License (e.g.
|    Attribution-ShareAlike 3.0 (Unported)); (iv) a Creative Commons
|    Compatible License.

This clause is slightly rephrased, but has the same meaning (and thus
the same issues) as the draft.

Section 4(c) states, in part:

|    in the case of a Derivative Work or Collective Work, at a
|    minimum such credit will appear, if a credit for all
|    contributing authors of the Derivative Work or Collective
|    Work appears, then as part of these credits and in a manner
|    at least as prominent as the credits for the other
|    contributing authors.

which is word for word identical to the draft (and thus poses the same
exact issues).



I also dumped the final text of CC-by-sa-v3.0 (unported) and run wdiff
against the US-specific version.  The two final texts show major
differences (even in the number and ordering of the sections).  As a
consequence, the unported license requires a separate analysis and
cannot be easily treated in a differential manner with respect to the
US-specific license (the only one that was released as public draft back
on 9 February...).

You can find the full text here:
http://creativecommons.org/licenses/by-sa/3.0/legalcode

I hope I will find the time to review this license, too...



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