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Re: Comments on the latest public CC draft



On Mon, 26 Feb 2007 12:49:43 +0100 Florian Weimer wrote:

> * Francesco Poli:
> 
> > Clause 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 clause 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
> > |       clause 4(c), as requested.
> >
> > This is unchanged with respect to the previous drafts: I'm not yet
> > convinced that this clause meets the DFSG.
> 
> Isn't it a no-op in most jurisdictions, just repeating rights authors
> have got anyway?

IANAL, and hence I cannot really comment on what is required by law in
many jurisdictions, but I don't think it's a no-op...

Anyway, even assuming it's a no-op in most jurisdictions, this clause is
extending the issue to the other jurisdictions and to the future (when
some jurisdiction could drop such restriction from their copyright
law...).

> 
> And I hope we would honor such requests in the indicated way,
> independently of what the legal requirements are.

As a matter of courtesy, I would do many things, if kindly requested to
do so.
But I don't want to be *legally required* to do them, when they are
non-free restrictions.


For instance, if I file a bugreport against a Debian package, the
maintainer could ask me to check whether the bug is still reproducible
on a more recent version.
It actually happened to me more than once.  Whenever I managed to find
the time, I backported the new version to Debian stable and did the
test.  I was happy to help.

But if the license *required* me to test newer versions of the work
whenever requested by the Licensor, I would consider this as a non-free
restriction!  I hope many other people think likewise.


> 
> > It's worth noting that CC licenses have a mandatory version-upgrade
> > mechanism and also a mandatory jurisdiction-change mechanism.
> > Now a mandatory relicensing-to-other-yet-unspecified-licenses
> > mechanism has been added, thus making the situation even worse, as I
> > explained above.
> >
> > When I say "mandatory", I mean mandatory for the licensor, in the
> > sense that a licensor cannot choose to *not* grant this option to
> > licensees.
> 
> You can always add a statement to the contrary.

I don't think I can.

Clause 4(a) and 4(b) state, in part:

|       You may not offer or impose any terms on the Work that restrict
|       the terms of this License or the ability of a recipient of the
|       Work to exercise of the rights granted to that recipient under
|       the terms of the License.

|       You may not offer or impose any terms on the Derivative Works
|       that restrict the terms of the Applicable License or the ability
|       of a recipient of the Work to exercise the rights granted to
|       that recipient under the terms of the Applicable License;

[...]
> > Clause 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.
> >
> > This is unchanged with respect to the previous drafts: credit must
> > be "at least as prominent as the credits for the other contributing
> > authors".  Even if the licensor's contribution is not comparable to
> > others.  I still think that this restriction is excessive and fails
> > to meet the DFSG.
> 
> I disagree.  This is only a problem if you think credits are
> ego-boosters.

I cannot fully understand what you mean.

I think that requiring excessive credit is a non-free restriction and
that crediting in proportion to the contribution (rather than
necessarily in a manner equal to every other credit) should be possible.


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