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From "Dennis E. Hamilton" <orc...@apache.org>
Subject RE: [jira] [Commented] (LEGAL-96) Categorise Creative Commons Attribution 3.0 Unported
Date Thu, 04 Aug 2011 17:58:14 GMT
It doesn't look like any CC license except the CC-0 quit-claim is Category A.

I'm not sure about Category B.  The restriction is not the same as Share Alike (on derivatives),
it is on distribution/performance.  And the "no sublicensing" is also tricky.

 - Dennis

NOTES

To be specific, we are talking about a restriction in 4a of the full license for CC-by 3.0
at <http://creativecommons.org/licenses/by/3.0/legalcode>.

I agree, that is over-reaching and very much far removed from the deed.  Off-hand, I think
this disqualifies CC-by 3.0 as an open-source license in terms of the Open Source Definition
principles.  (If they made sure attribution was included and was somehow tied to availability
of the work by other means, that should have been enough, sort of like pointing to the source
code and license from an executable.)

This is probably one of those reasons why "CC-by x.y or later" is a poor principle.  I doubt
that this nuance was understood or considered when folks started contributing CC-by 3.0 (and
earlier) works to the OpenOffice.org site.

Now for the worse news: This same condition has a counterpart in section 4.a of CC-by 2.5,
<http://creativecommons.org/licenses/by/2.5/legalcode>, although there may be subtleties
that matter.

Also CC-by 2.0, <http://creativecommons.org/licenses/by/2.0/legalcode>.


All the way back to CC-by 1.0, <http://creativecommons.org/licenses/by/1.0/legalcode>.

The operative part (in 1.0 through 2.5 section 4.a) appears to be

"You may not offer or impose any terms on the Work that alter or restrict the terms of this
License or the recipients' exercise of the rights granted hereunder. You may not sublicense
the Work. You must keep intact all notices that refer to this License and to the disclaimer
of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally
perform the Work with any technological measures that control access or use of the Work in
a manner inconsistent with the terms of this License Agreement."

The equivalent variation in 3.0 section 4.a is 

"You may not offer or impose any terms on the Work that restrict the terms of this License
or the ability of the recipient of the Work to exercise the rights granted to that recipient
under the terms of the License. You may not sublicense the Work. You must keep intact all
notices that refer to this License and to the disclaimer of warranties with every copy of
the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work,
You may not impose any effective technological measures on the Work that restrict the ability
of a recipient of the Work from You to exercise the rights granted to that recipient under
the terms of the License."

(sigh)

 - (been doing that a lot lately, may have to burn my Creative Commons T-shirts)

-----Original Message-----
From: Sam Ruby (JIRA) [mailto:jira@apache.org] 
Sent: Thursday, August 04, 2011 08:19
To: legal-discuss@apache.org
Subject: [jira] [Commented] (LEGAL-96) Categorise Creative Commons Attribution 3.0 Unported


    [ https://issues.apache.org/jira/browse/LEGAL-96?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13079417#comment-13079417
] 

Sam Ruby commented on LEGAL-96:
-------------------------------

> How does CC's anti-DRM language fit into Apache license policies? 

Darn good question.  What would you propose?

One possibility would be treating this somewhat like Category B?  

> Categorise Creative Commons Attribution 3.0 Unported
> ----------------------------------------------------
>
>                 Key: LEGAL-96
>                 URL: https://issues.apache.org/jira/browse/LEGAL-96
>             Project: Legal Discuss
>          Issue Type: Task
>            Reporter: Robert Burrell Donkin
>
> CC-BY-3.0 [2] needs to be added to a category [1]
> My reading is that it should be assigned to Category A: Authorized Licenses. 
> Robert
> [1] http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201108.mbox/%3CCAP-ksojPu-rUkP7sEX-vkMPi+wZRdy9KEKSSJnG-=yEB=VRNog@mail.gmail.com%3E
> [2] http://creativecommons.org/licenses/by/3.0/
> [3] http://creativecommons.org/licenses/by/3.0/legalcode

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