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From Sam Ruby <ru...@intertwingly.net>
Subject Re: updating w.a.o/legal/resolved for Creative Commons Attribution
Date Fri, 24 May 2013 16:55:48 GMT
On Thu, May 23, 2013 at 10:52 PM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
> Kevan,
>
> I believe that CC-BY should remain Category A.
>
> The statement you quoted from the license would apply to the Apache License
> also. Nobody can distribute an Apache work except under the terms of the
> Apache License. As for derivative works, that's another matter....

Compare:

Subject to the terms and conditions of this License, each Contributor
hereby grants to You a perpetual, worldwide, non-exclusive, no-charge,
royalty-free, irrevocable copyright license to reproduce, prepare
Derivative Works of, publicly display, publicly perform, sublicense,
and distribute the Work and such Derivative Works in Source or Object
form.

With:

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. ... 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. ... If You create a
Collection, upon notice from any Licensor You must, to the extent
practicable, remove from the Collection any credit as required by
Section 4(b), as requested. If You create an Adaptation, upon notice
from any Licensor You must, to the extent practicable, remove   from
the Adaptation any credit as required by Section 4(b), as requested.

I continue to maintain that the license contains substantial
additional restrictions over and above the Apache License -- including
the restriction that we can't impose restrictions ourselves (such as
our patent termination clause).

As such, I believe that "additional action is warranted in order to
minimize the chance that a user of an Apache product will create a
derivative work".  Specifically, we should only distribute such
artefacts in unmodified form, and only do so with appropriate
labelling.

Can anybody cite a project for which there is a need to make
derivative works of materials made available under a CC-BY license or
a reason why it would be harmful to make it clear when distributions
include such materials?

> /Larry

- Sam Ruby

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