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Incompatibility

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By: Dr. Lucie GuibaultPresentation at CCi Legal Day 2008 in Sapporo, Japanhttp://wiki.creativecommons.org/CCi_Legal_Day_2008

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Page 1: Incompatibility
Page 2: Incompatibility

Contents

• One vs. multiple licences• Different levels of potential

incompatibility• Conclusion• Discussion

Page 3: Incompatibility

One vs. Multiple Licenses

• Contrary to the GFDL, CC licenses offer:– Better acceptation among users;– Better admissibility in court;– Better adaptation possibilities;– More choice for authors;

• But multiplicity entails coördination!

Page 4: Incompatibility

Different levels of potential

incompabitility

Page 5: Incompatibility

Between versions

• Four versions of core CC-licenses in use:– Version 1.0;– Version 2.0;– Version 2.5; – Version 3.0;

• Different stages of porting among jurisdictions;

• Main problem of incompatibility with 1.0 because it misses a ‘any later version’ clause;

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Between Licenses• Six core licenses:

– Allow authors to choose the degree of ‘some rights reserved’;

• Special purpose licenses:– CC0 (upcoming)– CC+ (upcoming)

• More to come?– Constant need to arbitrate between

promoting the use of generic licenses and the tendency to adapt to special needs.

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Between jurisdictions

• Moral rights:– Scope of protection (Japan vs. US);– Possibility to waive;

• Neighbouring and related rights;– Falls under CC liense or not?

• Database rights;– Scope of protection (EU and rest of

the world);– Need to waive?

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Between ‘compatible’ licenses

“You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under: (i) the terms of this License; (ii) a later version of this License with the same License

Elements as this License; (iii) either the Creative Commons (Unported) license or a

Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g. Attribution-ShareAlike 3.0 (Unported));

(iv) a Creative Commons Compatible License.

If you license the Derivative Work under one of the licenses mentioned in (iv), you must comply with the terms of that license”

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Conclusion

• Problem of incompatibility may seem theoretical right now, but not all consequences are foreseeable;

• Issue should not be neglected:– It may affect the acceptation and use

of the licenses;

• Where will the CC licensing system be in 5 years?

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Sendai, Japan

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Amsterdam, The Netherlands