Version 3.01

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Revision as of 21:57, 15 October 2007 by Mike Linksvayer (talk | contribs) (Background to 3.01)
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Work on version 3.01 announced 2007-10-11 at

Public discussion taking place on

Suggestion tracking

Relative to draft language posted at

Section 4(f)


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



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.


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.)


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.


Other sections

what about sui generis rights?

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



  • only appropriate for jurisdiction licenses in jurisdictions with db rights

  • but unported used in such jurisdictions

See also

Background to 3.01

Discussions leading to 3.01:

Previous versions