[pp.int.general] Trifle: wiki license & stuff

[John Nilsson]

On Sun, 2007-06-24 at 21:49 +0300, Jouni Snellman wrote:
> License terms are just a message telling you how the rightholder would
> like the work to be used (or more precisely, not used).

A license like GPL (and I assume the CC-BY and CC-BY-SA variants,
haven't read them) doesn't restrict how the work is 'used' only how it
is distributed. IOW they just provide a copyright workaround, no strings
attached.

> The idea is that before you get the work you AGREE with whoever you
> get the work from with the license terms - in other words you have a
> contract.

I don't believe that to be the case. I don't think you have to agree
with the license to get a copy of a CC licensed work. It is a lawfully
published copy, you can just download it. If you, OTOH, want to
distribute more copies of the work you can do so in accordance with the
CC license. Or any other lawful means (copy to friends, f.ex.).

Reading the BY 3.0 license I see this: "BY EXERCISING ANY RIGHTS TO THE
WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF
THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A
CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN 
CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS."

Which makes it clear that you only agree to anything by actually
exercising the rights given in the license. And _IF_ the license is
considered a contract you only agree to be bound by the restrictions of
the license. Which you already are as the restrictions is a perfect
subset of ordinary copyright.

"2. Fair Dealing Rights. Nothing in this License is intended to reduce,
limit, or restrict any uses free from copyright or rights arising from
limitations or exceptions that are provided for in connection with the
copyright protection under copyright law or other applicable laws."

Regards,
John