Francesco Poli wrote: > On Thu, 13 Sep 2007 14:06:12 +0200 Freek Dijkstra wrote: > > 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. I read this as saying that no-one else can claim the money on his behalf. If there is a CC-licenced piece of music, presumably someone is entitled to collect some amount of royalties from the blank media scheme. I read the whole section as saying "where possible all royalties are waived, where not possible, no-one else can claim royalties from the work". I certainly don't think it can be _worse_ than not including that block. I'm not necessarily sure such schemes have to exist, it's more covering their ass; like not using public domain, but an explicit licence, since not everywhere has PD. Matt -- Matthew Johnson
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