[Foundation-l] What's wrong with CC-BY-SA?

Benj. Mako Hill mako at atdot.cc
Sun Dec 2 16:51:54 UTC 2007

<quote who="Gregory Maxwell" date="Sat, Dec 01, 2007 at 08:44:01PM -0500">
> Erik, I have no disagreement with the *text* of the license on this
> matter.  My comment on this point was very clearly focused on the
> steward organizations and their practices and intentions.

Having talked to several lawyers on this matter, I'm not particularly
convinced that the license writing organization's intentions or
practices in this regard have any real power to change what a derivative
work is or is not.

> The CC-By-SA text, which you quoted incompletely, is fairly
> unambiguous: it even goes out of its way to point out that you are
> subject to the copyleft when you combine covered sound or video to
> create a new work
> What is problematic is that the Creative Commons has advised people
> with advice that is at odds with the license.

Perhaps we could ask CC to back off this position and to a do better job
of explaining the ambiguous legal situation, and multiple
interpretations, that the current state of the law in this matter

Would CC doing so address your concerns?

> (http://www.fsf.org/blogs/licensing/2007-05-08-fdl-scope).

This write also fails, in my opinion, to explain the real legal
uncertainty and variability around this issue.


Benjamin Mako Hill
mako at atdot.cc

Creativity can be a social contribution, but only in so far
as society is free to use the results. --GNU Manifesto
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