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Re: CC Non-waivable Compulsory License Scheme (was: Anti-TPM clauses)



On Thu, 13 Sep 2007 14:06:12 +0200 Freek Dijkstra wrote:

[...]
> Francesco,
>
[one constructive answer to one of my concerns, at last!]
>
> So it seems to me that CC does not make any more limitations or
> restrictions then those that are already there in the law (e.g. the
> restriction "you can only buy blank CDs and DVDs if you pay a fee").
> So this part basically says "we can't circumvent the law". Not much
> news there, so I would consider the CCv3 equivalent if it simply had
> this part removed. So in my view this is a non-issue.

Thanks for adding useful information.
What is not clear to me is: if "Non-waivable Compulsory License Schemes"
are absurd things such as sort-of-taxes on virgin media (recordable CDs,
DVDs, ...), why does the clause included in CC-v3.0 licenses talk about
the right to collect royalties "for any exercise by You of the rights
granted under this License" ?

Here's the text of the clause, again:

|  e. For the avoidance of doubt:
| 
|      i. Non-waivable Compulsory License Schemes. In those
|         jurisdictions in which the right to collect royalties through
|         any statutory or compulsory licensing scheme cannot be
|         waived, the Licensor reserves the exclusive right to collect
|         such royalties for any exercise by You of the rights granted
|         under this License;

I fail to see any connection between buying a CD-R(W) and exercising the
rights granted under the license...
Hence I cannot understand how can those "Non-waivable Compulsory License
Schemes" be things like sort-of-taxes on virgin media.

BTW, we have such absurd sort-of-taxes down here in Italy too,
unfortunately.  :-(
In Italy it is called "equo compenso" (literally "fair remediation" or
"fair repayment"): what a masterpiece of hypocrisy!


-- 
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..................................................... Francesco Poli .
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