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Re: Can a CC-SA 2.5 work be relicensed under CC-SA 3.0?

On Fri, Mar 21, 2008 at 02:03:57PM -0600, Luis Rodrigo Gallardo Cruz wrote:
> However, the author of the icons has indicated he'd be willing to
> relicense them, within the constraints of the original work, of
> course. Now, CC-SA 2.5 section 4.b says
>   You may distribute, publicly display, publicly perform, or publicly
>   digitally perform a Derivative Work only under the terms of this
>   License, a later version of this License with the same License
>   Elements as this License, or a Creative Commons iCommons license that
>   contains the same License Elements as this License
>   (e.g. Attribution-ShareAlike 2.5 Japan). ...
> Does this mean he's free to relicense his derivative work as CC-SA
> 3.0? In that case, I'm I right in assuming this would make the icons
> DFSG-free?

If he is the actual author of the original icons and owns the
copyright in the icons then he is free to relicense them as he wishes,
irrespective of what the licence might say as regards sublicensing by
licensees of the work.

The wording of CC-SA 2.5 section 4.b would only become relevant if
these icons were themselves derivative works of someone else's designs
released under that licence. 


(Disclaimer: this is not legal advice and should not be relied upon as
such. Legal advice should be obtained before taking or refraining from
taking any action based on the content of this email.)

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