4.0/Sandbox
This page is designed as a gathering place for suggestions from the community. If you have an idea for an issue that is not yet addressed in one of the issue pages linked from the 4.0 page, please follow this process:
-
- Review the existing issue pages to see if your new idea would fit on an existing page. If so, feel free to add it yourself.
- Please refer to the Legal Code Errata[1] page to see if your concern is addressed here.
- If the issue is not addressed, please refer to the License Versions page to review issues debated in prior versions.
- If your issue is not adequately covered or if you would prefer that HQ decide where it best fits on the wiki, please add the issue in the relevant section below.
Contents
- 1 Moral rights
- 2 Technical protection measures
- 3 Disclaimer of warranties and related issues
- 4 Collecting societies
- 5 Choice of law and enforcement issues
- 6 Issues relating to collecting societies
- 7 Drafting language and style
- 8 ShareAlike condition
- 9 NoDerivs condition
- 10 Other issues for 4.0
- 11 Notes
Moral rights
There are two basic issues:
- Current moral rights language is complicated, difficult to understand -- see https://creativecommons.org/licenses/by-sa/3.0/legalcode section 4(d):
-
-
-
- Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
-
-
- Some fear 4(d) causes licensee to agree to more restrictions -- how expansive is "permitted by applicable law" in removing agreement to restrictions -- and have encouraged use of US ports eg https://creativecommons.org/licenses/by-sa/3.0/us/legalcode which do not contain 4(d) at all or unported with a waiver of 4(d), eg http://markmail.org/message/34oisku4irs4naqe
This was previously an issue during discussion of Wikimedia migration to BY-SA, nearly prompting a version 3.01 in order to address, see discussion of possible changes to address at Version_301#Section 4(f), which should be a starting point for 4.0 proposals.
Technical protection measures
Please include a description of the issue with links to relevant references where applicable.
Please include a description of the issue with links to relevant references where applicable.
Collecting societies
Please include a description of the issue with links to relevant references where applicable.
Choice of law and enforcement issues
Please include a description of the issue with links to relevant references where applicable.
Issues relating to collecting societies
Please include a description of the issue with links to relevant references where applicable.
Drafting language and style
Please include a description of the issue with links to relevant references where applicable.
Please include a description of the issue with links to relevant references where applicable.
NoDerivs condition
Please include a description of the issue with links to relevant references where applicable.
Other issues for 4.0
Please include a description of the issue with links to relevant references where applicable.
Notes
- ↑ This page contains a list of errors and typos in the licenses. CC will be making changes in 4.0 to correct these problems.