[pp.int.general] Trifle: wiki license & stuff
jounisnellman at gmail.com
Mon Jun 25 13:56:29 CEST 2007
I am glad this came up. I have never understood the fuss about GPL, CC and
what have you. On meta level they are more of the same as Microsoft, based
on the same idea that there are "rights" involved when you download stuff.
They actually reinforce the industry message to the users by imitating the
setting and structures of the industry licenses.
If you buy or eat a loaf of bread or if you sit on a chair, nobody is there
to tell you - usually - who made or designed them or whether or not you
agree to something when you "exercise your right" to use these wonderful
creations. IT GOES WITHOUT SAYING that there are no third party rights
involved with use. If there is something wrong with them you can talk to the
person who you got them from or who is otherwise responsible for them. With
music and software it´s supposed to be different only because the industry
is trying to tell you so.
On 6/25/07, John Nilsson <john.nilsson at piratpartiet.se> wrote:
> 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
> > 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."
> Pirate Parties International - General Talk
> pp.international.general at lists.pirateweb.net
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