4.0 and PSI the same, the new, the lingering questions

Transcription

1 4.0 and PSI the same, the new, the lingering questins Timthy Vllmer, Creative Cmmns LAPSI Final meeting, Trin, 10 July 2012

2 CC tls fr PSI Licensing = Australia, New Zealand, Italy, Greece, Spain, 30+ mre CC0 = Piemnte Reginal Gvernment, Netherlands Cultural institutins = Eurpeana (PDM), British Library

3 CC 3.0 sme PSI publishers say can't use CC sui generis database rights license prliferatin: ODC-BY, ODbL, OGL, France, Italy, EC, mre? Questin: Can CC 4.0 fix?

4 CC license versining 1.0 = = = = = 2012

5 4.0 timeline Sept 2011 = 4.0 kickff Warsaw Dec Feb 2012 = requirements Apr = 4.0d1 Apr - June = public cmment 1 July = 4.0d2 July - Aug = public cmment 2 Sept = 4.0d3 Sept - Oct = public cmment 3 (prting) by Dec 2012 = 4.0 final

6 4.0 gals internatinalizatin interperability lng-lasting data/psi/science/educatin supprting existing adptin mdels and framewrks

7 4.0 fr PSI What's staying the same? What's changing? What are the remaining questins?

8 What's staying the same? general peratin f the license CC licenses nly perable where cpyright and related rights exists terms and cnditins nt triggered fr use cvered by exceptins and limitatins 4.0d2 wrking language "All ther uses...are in n way restricted by its terms and cnditins...include uses permitted by limitatin r exceptin t cpyright...r where wrk r elements are in the public dmain."

9 What's staying the same? n endrsement 4.0d2 wrking language: "nthing in this Public License shall cnstitute r be cnsidered a grant f permissin t assert, imply r therwise represent that Yu are, r that any use by Yu f the Wrk r Adaptatin is, cnnected with, r spnsred, endrsed r granted fficial status by Licensr"

10 What's staying the same? mral rights untuched by CC licenses mral rights reserved, except where necessary fr licensee t exercise the licensed rights where that is case, waive r agree t nt assert

11 What's staying the same? marking changes t adaptatins 4.0d2 wrking language: "If Yu Share an Adaptatin, Yu must indicate clearly that the Wrk has been adapted...yu may satisfy the requirements in any reasnable manner based n the medium r means used."

12 What's staying the same? technical prtectin measures 4.0d2 wrking language: "Yu may nt impse any effective technlgical measures n the Wrk that restrict the ability f a recipient f the wrk frm Yu t exercise the rights granted that recipient under the terms f the License."

13 What's staying the same? nncmmercial 4.0d2 wrking language "nt primarily intended fr r directed twards cmmercial advantage r private mnetary cmpensatin"

14 4.0d2 wrking language: "Licensr hereby grants Yu a license t reprduce, distribute, perfrm, display, cmmunicate and use...but nly t the extent Licensr may grant such permissin and the use is therwise restricted by cpyright r cpyright-like rights (such as perfrmance, bradcast, phngram and database rights)" What's changing? sui generis database rights 3.0 = n mentin, s effect is that cmpliance with license cnditins is nt required where SGDR - but nt cpyright - are implicated

15 What's changing? add preamble 4.0d2 wrking language: "This Public License des nt affect third party rights in the Licensed Wrk. Additinally, Yu are respnsible fr cmplying with ther laws that may apply t use f the Licensed Wrk by Yu. Such laws may include laws gverning patents, trademarks, privacy, persnality and publicity rights, data prtectin laws, and laws prtecting against fraud, misrepresentatin and similar, all f which are utside the scpe f this Public License."

16 What's changing? attributin 3.0 language: name f authr name f parties designated by licensr title f wrk cpyright ntice URI t wrk URI t license ntices, disclaimers, warranties

17 What's changing? attributin (cntinued) what if we strip it dwn? authr URI t wrk URI t license URI shrtcuts? all attributin requirements subject t reasnableness language

18 What's changing? privileges and immunities 3.0 = n language 4.0d2 wrking language: "Nthing in this Public License cnstitutes r may be interpreted as a limitatin upn r waiver f any privileges and immunities frm the legal prcess r any jurisdictin r authrity that may apply t Licensr r Yu."

19 What are the remaining questins? share-alike trigger 3.0 = cllectins cntaining SA wrks dn't have t be SA 4.0 questin = cllectins with SA wrks will be SA (withut infecting ther wrks) alignment with GPL? expand, never cntract, SA

20 What are the remaining questins? attributin RE: text mining issues: ambiguus legal issue want t avid attributin stacking address with increased flexibility in 4.0 attributin URI shrtcuts? all attributin requirements subject t reasnableness language

21 What are the remaining questins? allwing licensr t add terms cnsumer laws that require specific frms f disclaimers f warranties and liabilities allw licensrs t add mre specificity arund disclaimers? anther case: alternative dispute reslutin fr IGOs prblems = custm CC licenses, values unaligned with CC, etc. what d yu think?

22 What are the remaining questins? cure breach/prvisinal reinstatement sme vilatins unintentinal in GPL, if yu vilate the license but later fix it, yu get yur rights back under the license CC licenses dn't allw fr this lgical fix

23 What are the remaining questins? prting public discussin cming up nw 70 jurisdictin prts cmplex, lng time/lag, high cst, variance in expertise f affiliates litigatin has relied n unprted GPL nt prted t jurisdictins imprtant cmmunity building and adptin vehicle?

24 Thank yu Questins? Timthy Vllmer Twitter = tvl This wrk is dedicated t the public dmain. Attributin is ptinal, but if desired, please attribute t Creative Cmmns.