Forwarding something that has been shared on the affiliate list and this 
might be interesting for those who are following up with 4.0


Affiliates,

As we are preparing for the publication of 4.0, there are a few 
implementation details that we would like your feedback on. The first part 
of this message describes an idea we're considering about changing the way 
the legal code is maintained, and asking how (if it all) it would affect 
you. In the second part, we want to know which parts of the published 
licenses you expect never to change after publication.

CC has promised that once the legal code of a license has been published, 
it will never change, and this is a practice we will continue with 4.0. 
Doing this allows people to rely on a single version, without having to 
monitor for changes that may affect their understanding of the license. 

Currently, when a license is published, the official version is the HTML 
file as published on creativecommons.org. For example, for BY-SA-3.0 
Unported, the official version is located at 
http://creativecommons.org/licenses/by-sa/3.0/legalcode. We are considering 
an idea to separate the legal code from the non-legal code elements of the 
web page more cleanly, and have the part that is the legal code itself be 
in a separate file that will never change, while the HTML version may 
change elements (such as page navigation) that are not actually part of the 
legal code.

If we were to do this, the legal code would be maintained in a separate 
file from the HTML, in a format that maintained all of the essential 
information. For example, formatting such as bold or italic text that has 
legal significance, section headings, etc., would all be considered 
essential and part of the legal code itself. This legal code file would 
likely be maintained using Markdown[1], or something similar to it.

The web page with the licenses would be generated from this legal code 
file, by converting it to HTML and adding non-legal code formatting, text, 
and navigational elements. However, since the legal code file would not 
have to be touched, it would be impossible to accidentally make a change to 
the legal code itself by changing other elements of the page.

Ultimately, the experience of almost all users of the license would be 
exactly the same: they would see a CC license applied to a work, and click 
through to a page that looks exactly like the current page. The experience 
for affiliates would differ. During the translation process, affiliates and 
translation teams would be editing the legal code in its new format, rather 
than an HTML file. (The markup would probably be simple, but it would still 
be different.) CC HQ would also be editing and commenting on these files. 
Additionally, informed license users who wished to rely on the unchanging 
legal code would be able to find it and know that it would always remain 
stable.

In general, CC doesn't want to disrupt existing processes without reasons 
that justify that change, and we'd like to hear whether this would be true 
for you. Some pros and cons we've identified:

*provides a unchanging file containing all of the essential elements of the 
legal code 
*makes a clean separation between the actual legal code and the way it is 
displayed
*adds some complexity to the development process
*introduces some changes to the editing and translation processes, 
including a different format for the legal code

Questions we'd like feedback on: 
1. Do you think this would be worthwhile?
2. Would it make translation and editing more difficult for you and your 
teams?

The second part of this, which is important for us whether or not we pursue 
the first proposal, is that we would like some input on what, exactly, must 
stay the same, and what may change. For example, it should be clear that 
the actual text contained in the license is part of the legal code, and 
therefore it must be kept exactly as is. It should also be uncontroversial 
that the navigational elements on the page (directing viewers back to the 
deed, for example) are not part of the legal code, and may be changed.

However, we would like to start thinking about elements that are less 
certain--and in particular, we want to be able to say for certain what is 
part of the legal code and what is not, and we need to settle that question 
in collaboration with you, as community expectations around our commitment 
not to change the legal code are extremely important. (For example, is it 
allowable to add navigation boxes to legal code pages that link to other 
translations of that legal code? As translations of CC0 are progressing, 
this is not a purely theoretical question!)

Do you already have expectations about what is part of the legal code and 
cannot change, and what is not? Which elements do you think should be able 
to change, and which should not?

We really appreciate your input on these questions.

Thanks,
Kat

--
Kat Walsh, Counsel, Creative Commons
IM/IRC/@/etc: mindspillage * phone: please email first
Help us support the commons: https://creativecommons.net/donate/

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