On Sat, Mar 21, 2009 at 10:47:43PM +0100, Frederik Ramm wrote: > Simon Ward wrote: > > They fail to note that if there are no rights in some jurisdiction, then > > the database is free anyway, and so are derivatives. > > As you know I'm pro-PD anyway but one thing that specifically strikes a > chord for me in the CC reasoning is the idea of having the maximum > possible certainty regarding rights and obligations for everyone involved.
Greater certainty in one area does not necessarily mean there is greater certainty in others. If we remove all obligation to reciprocate, increasing the certainty that someone may redistribute the database in their own product (it may be proprietary) without recrimination, then we lose the certainty that derivatives would be free for all as is the intent with share‐alike. > It is obvious that we don't have a lot of such certainty right now with > CC-BY-SA. Something we can all agree on. > we have the questions about what exactly constitutes a derivative vs. a > collected database, what is substantial, and what is a database anyway I hope these get more well‐defined, however there are still likely to be grey areas. As I said repeatedly in my last post, if you err on the side of sharing (the most demanding parts of the licence) then you can avoid that. > And the answers to these questions are very likely to be > different depending on where you are This is something I think the licence should try to balance out, and does do to some extent. E.g. the copyright and database rights covered by the licence are not covered in some places, but may be enforcable by contract instead. The licence should define the terms clearly enough to avoid question for the majority of uses, and not depend on their definitions in different jurisdictions. Simon -- A complex system that works is invariably found to have evolved from a simple system that works.—John Gall
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