Re: Public review period for Creative Commons 2.0 license draft

2004-01-28 Thread Nathanael Nerode
I did a quick review after seeing the message to debian-legal; the *changes* 
look fine (several are very valuable improvements, such as the addition of 
or copyright law to the first clause).   But I never did review the 
original licenses, which I should

From the point of view of Debian, it looks like
* the Attribution, Attribution-ShareAlike, and ShareAlike licenses are 
intended to make works DFSG-free.
* the others aren't, but are intended to make works freely distributible 
(material under them can go in the non-free archive)

If anyone on debian-legal notices impediments to either thing, they're worth 
pointing out so that CC can try to fix them.

I spotted the following problem in part of the text which isn't actually part 
of the license:

Except for the limited purpose of indicating to the public that the Work is 
licensed under the CCPL, neither party will use the trademark Creative 
Commons or any related trademark or logo of Creative Commons without the 
prior written consent of Creative Commons.

Too broad.  This denies legitimate, otherwise-legal uses of the trademarks, 
such as for commentary and criticism (uses which will not cause confusion 
about the trademark to the public).  It also doesn't specificallly grant a 
license to use the trademarks.  What you want to say is something more like 
the following:

Creative Commons grants everyone a license to use the trademark Creative 
Commons and related trademarks and logos to indicate to the public that the 
Work is licensed under the CCPL.  Creative Commons reserves all other rights 
to its trademarks under trademark law; nobody may use the tradmark Creative 
Commons or any related trademark or logo of Creative Commons without the 
prior written consent of Creative Commons, except as allowed under trademark 
law. (rest of paragraph follows as before)



Re: Public review period for Creative Commons 2.0 license draft

2004-01-28 Thread Andrew Suffield
On Wed, Jan 28, 2004 at 03:44:23AM -0500, Nathanael Nerode wrote:
 I spotted the following problem in part of the text which isn't actually part 
 of the license:
 
 Except for the limited purpose of indicating to the public that the Work is 
 licensed under the CCPL, neither party will use the trademark Creative 
 Commons or any related trademark or logo of Creative Commons without the 
 prior written consent of Creative Commons.
 
 Too broad.  This denies legitimate, otherwise-legal uses of the trademarks, 
 such as for commentary and criticism (uses which will not cause confusion 
 about the trademark to the public).

Trademarks can't restrict that sort of thing anyway. They don't grant
broad control over the use of the subject, like copyright does.

-- 
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 : :' :  http://www.debian.org/ |
 `. `'  |
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Re: Public review period for Creative Commons 2.0 license draft

2004-01-28 Thread Nathanael Nerode
Andrew Suffield [EMAIL PROTECTED] wrote:
On Wed, Jan 28, 2004 at 03:44:23AM -0500, Nathanael Nerode wrote:
 I spotted the following problem in part of the text which isn't actually 
part 
 of the license:
 
 Except for the limited purpose of indicating to the public that the Work 
is 
 licensed under the CCPL, neither party will use the trademark Creative 
 Commons or any related trademark or logo of Creative Commons without the 
 prior written consent of Creative Commons.
 
 Too broad.  This denies legitimate, otherwise-legal uses of the trademarks, 
 such as for commentary and criticism (uses which will not cause confusion 
 about the trademark to the public).
(and now Andrew's words)
Trademarks can't restrict that sort of thing anyway. They don't grant
broad control over the use of the subject, like copyright does.

Right, which is why the license should not purport to exert such forms of 
control.  Currently it does purport to do so, although it's presumably 
legally invalid.

A nasty and abusive interpretation of the existing text exists:
that both parties have agreed, by using a CC license, not to use the Creative 
Commons trademarks without explicit permission, regardless of trademark law.  

It is best to avoid the possibility, however remote, of such an abusive 
interpretation by rewriting the language to say what is actually intended.

My apologies for not making it clear previously precisely what the issue was.



Public review period for Creative Commons 2.0 license draft

2004-01-27 Thread Evan Prodromou
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Creative Commons (http://www.creativecommons.org/) has begun a public
comment period for the draft of the next version of their open content
(-ish) licenses. Creative Commons has 11+ licenses with a variety of
mixins -- requiring attribution, preventing derivative works, allowing
derivative works under a copyleft-like ShareAlike provision, and
preventing commercial use of works.

The draft 2.0 version of the Attribution-NonCommercial-ShareAlike
license -- which contains all the stipulations in the other licenses
mixed in -- is available here:

  http://creativecommons.org/drafts/license2.0

Comment is welcome on the cc-licenses mailing list:

  http://lists.ibiblio.org/mailman/listinfo/cc-licenses

What does this have to do with Debian? Well, I figured that an
opportunity to give input on new versions of content licenses would be
useful for Debianistas, especially considering recent dustups around
the GFDL.

~ESP

- -- 
Evan Prodromou
[EMAIL PROTECTED]
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Re: Public review period for Creative Commons 2.0 license draft

2004-01-27 Thread Martin Michlmayr
* Evan Prodromou [EMAIL PROTECTED] [2004-01-27 12:20]:
 Creative Commons (http://www.creativecommons.org/) has begun a public

Sorry for the off-topic posting, but I hope Evan will see it.  Evan,
your mail bounces:
  [EMAIL PROTECTED]
host lookup did not complete: retry timeout exceeded
Please fix this.
-- 
Martin Michlmayr
[EMAIL PROTECTED]



Public review period for Creative Commons 2.0 license draft

2004-01-27 Thread Evan Prodromou
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Hash: SHA1

Creative Commons (http://www.creativecommons.org/) has begun a public
comment period for the draft of the next version of their open content
(-ish) licenses. Creative Commons has 11+ licenses with a variety of
mixins -- requiring attribution, preventing derivative works, allowing
derivative works under a copyleft-like ShareAlike provision, and
preventing commercial use of works.

The draft 2.0 version of the Attribution-NonCommercial-ShareAlike
license -- which contains all the stipulations in the other licenses
mixed in -- is available here:

  http://creativecommons.org/drafts/license2.0

Comment is welcome on the cc-licenses mailing list:

  http://lists.ibiblio.org/mailman/listinfo/cc-licenses

What does this have to do with Debian? Well, I figured that an
opportunity to give input on new versions of content licenses would be
useful for Debianistas, especially considering recent dustups around
the GFDL.

~ESP

P.S. I sent a copy of this email from my @d.o account, but that's
super-busted, so I figured I'd try again from one that works.

- -- 
Evan Prodromou [EMAIL PROTECTED]
Wikitravel - http://www.wikitravel.org/
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