Version 3.01

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Revision as of 23:05, 15 October 2007 by Mike Linksvayer (talk | contribs) (→‎Section 4(f))
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Work on version 3.01 announced 2007-10-11 at http://creativecommons.org/weblog/entry/7718

Public discussion taking place on http://lists.ibiblio.org/mailman/listinfo/cc-licenses

Suggestion tracking

Relative to draft language posted at http://creativecommons.org/weblog/entry/7718

Section 4(f)

and/if

"and You Reproduce" should be "if You Reproduce"

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006195.html

national/local

For consistency "national law" should be "local law"

CC internal suggestion

otherwise permitted

By removing "or as may be otherwise permitted by applicable law" from the first sentence, the clause could be read to be purporting to remove any defences applicable to the infringement of the moral right of integrity (reasonableness).

Suggest adding the words "except as permissible under the local law." to the end of the first sentence.

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006196.html

Other sections

Proposed scope of change is only Section 4(f).

unported "flag"

For the Unported license, where a national flag is displayed for ported licenses, display an image of the world. Currently, no image is displayed on the human-readable summary; on the legal license, a flag shape with diagonal grey bars is displayed. Advantages: Consistency; the connotation that the Unported license is for generic use in any jurisdiction (vs. another possible connotation, that "Unported" means "raw" or "unfinished" in some sense.)

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006197.html

Concerns tracking

Concerns raised without any suggestion to address.

Section 4(f)

warranty of waiver

In countries where "any exercise of the right granted in Section 3(b) [...] could violate the moral right of integrity of the Original Author", if the Licensor is not the original author, the value of the licence is almost nil (only the reproduction right is effectively licensed). I would be concerned about (a) the lack of either a warranty that moral rights have been cleared or a notice that they haven't, and (b) the potential liability of the Licensor for misleading conduct.

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006196.html

agree in writing, but can't

3.01 version makes it possible for the author and the user to agree in writing that the author waives his moral rights. But that was the problem in the first place: the author can't (in some jurisdictions) legally waive his moral rights so he can't 'agree in writing' that he does. That would mean that the 3.01 version is as legally impossible as the 2.5 version (that is, in the jurisdictions where moral rights can't be waived).

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006201.html

Other sections

what about sui generis rights?

Should 3.01 also address database rights which are addressed in relevant jurisdiction licenses?

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006198.html

Responses:

http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006199.html

  • only appropriate for jurisdiction licenses in jurisdictions with db rights

http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006200.html

  • but unported used in such jurisdictions

See also

Background to 3.01

Discussions leading to 3.01:

Previous versions

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