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Revision as of 05:39, 25 December 2011 by Tomo (talk | contribs) (Other issues for 4.0: termination criteria)
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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:

  1. 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.
  2. Please refer to the Legal Code Errata[1] page to see if your concern is addressed here.
  3. If the issue is not already addressed, please refer to the License Versions page to review issues debated in prior versions and the CC license discuss archives.[2] If you want to re-open a conversation on an issue or proposal debated in a prior versioning effort, please summarize and link to that prior discussion, indicating why the issue ought be revisited.
  4. If your issue is not adequately covered, you can't find a proper home on these pages, or you would prefer that HQ decide where it best fits on the wiki, please add the issue in the relevant section below.

Disclaimer of warranties and related issues

Please include a description of the issue(s) with links to relevant references where applicable.

Collecting societies

Please include a description of the issue(s) with links to relevant references where applicable.

Choice of law and enforcement issues

Please include a description of the issue(s) with links to relevant references where applicable.

Drafting language and style

Please include a description of the issue(s) with links to relevant references where applicable.

NoDerivs condition

ND has not been nearly as discussed as NC, but it has the same problems of non-freeness and probable over-use. Some of the NC proposals (eg rebranding, dropping, or only keeping one instance of) have ND analogues that ought be separately and thoroughly evaluated.

(Font) Embedding Issues

This issue comes from the field of font licensing: if you release a font under a CC-SA license, do all users who embed the font in their PDF documents have to put their PDFs under CC-SA as well?

The CC general counsel seems to believe that they do not. The German legal counsel seems to believe that the font creator can use a "font exception" (known from GNU), number 8. of the license notwithstanding.

I tend to see it differently, as do the vast majority of type designers and font publishers; their postition wrt font embedding is very clear and many of them have updated their license agreements to allow font embedding under restrictive terms (subsetting required etc.).

I'm coming from the font side of this, but I can imagine that there are many more fields, where this "if you modify the work itself, you need to reciprocate, if you just use it as it's supposed to be used without modifications, mere embedding/aggregating do not legally force you to use CC-SA" would be beneficial.

Fair use baseline

"CC 4.0 could promote fair use by guaranteeing fair use internationally. Just as the main terms of the CC license are applicable internationally, instead of simply specifying that the CC license doesn’t interfere with or supersede one’s common law or statutory fair use or fair dealing rights (because, you know, how could it?), the CC licenses could guarantee some uncontentious and shared subset of fair use/fair dealing rights as part of the license."

Above from http://blog.tommorris.org/post/14114334627/creative-commons-4-0-proposal-fair-use-baseline and discussion at https://plus.google.com/110114902730268262477/posts/PTnqvZHKEBT

Other issues for 4.0

Please include a description of the issue with links to relevant references where applicable.

  • Termination criteria should be relaxed.
    • Any minor mistake that would result in the license compliance would lead to termination. The license says " terminate automatically upon any breach" (taken from CC-BY 3.0 Unported). And licensee is banned from using the work again, even to correct his mistake. This is too harsh, given that when a licensee want to post something to a blog, wiki, or an SNS, there are a large number of things he needs to do. Quick correction to comply with the license should be accepted if nothing else. Please also see the termination criteria for GPLv3 (Art.8) and GFDL v1.2 (Art 9). These languages were introduced by the latest revision, before which the criteria was as harsh as the CC licenses'.


  1. This page contains a list of errors and typos in the licenses. CC will be making changes in 4.0 to correct these problems (assuming the problematic text remains in 4.0).
  2. TK