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From Sam Ruby <ru...@intertwingly.net>
Subject Re: updating w.a.o/legal/resolved for Creative Commons Attribution
Date Wed, 29 May 2013 00:39:53 GMT
On Tue, May 28, 2013 at 3:46 PM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
> “You may not sublicense the Work.”
>
> We and our downstream licensees don't need sublicensing rights.

Our license was intentionally written to be sublicensable.  We have
licencees who have chosen to make use of our code based on this
provision.

> You suggest that these provisions of the CC-BY license are “incompatible
> with both GPL and with the ability to sublicense such code in a proprietary
> (closed source) implementation.” As to the sublicensing issue, I addressed
> that above.

I'll again state that our license was intentionally written to be
sublicensable.

> As to the GPL or proprietary code compatibility issue, I fail to
> see why that is either an accurate statement nor our problem to resolve. The
> GPL community and our downstream proprietary licensees can easily and
> reasonably comply with CC-BY, and if they don’t like it, they can remove
> that code from their derivative works. (Just like the GPL community used to
> refuse Apache works because they misunderstood our Apache license but then
> wrote GPLv3 to solve the problem, perhaps they will also accommodate
> themselves to CC-BY someday?)

It remains the case that the CC-By license has restrictions that
aren't present in the Apache License, and have the effect of
preventing licensees from making use of rights that were intentionally
put into our license.

Nobody has advocated that we don't ship artifacts licensed under the
terms of CC-BY, just that we acknowledge that the license contains
restrictions that go beyond what the Apache License requires, and
therefore additional care is made to avoid modification and to
properly draw attention to these differences.

- Sam Ruby

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