[od-discuss] Exploring licence compatibility

Wed Aug 14 08:51:08 UTC 2013

On Wed, Aug 14, 2013 at 12:44 AM, Kent Mewhort <kent at openissues.ca> wrote:

> On 13-08-13 09:39 PM, Mike Linksvayer wrote:
>
>>   - CC-BY -> ODC-BY, ODC-ODbL and OGL2: I have these as incompatible due
>>>> to
>>>> CC-BY prohibiting TPMs. This is for CC-BY-3.0 though; CC-BY-4.0 won't
>>>> have
>>>> this restriction and thus will be compatible.
>>>>
>>> Unfortunately I don't think latter is the case. It is improved
>> (especially, but orthogonally, in permitting circumvention when
>> possible), but if this is a compatibility barrier, it is still there.
>> Parallel distribution would've removed problem for ODbL, but so far
>> has again been not taken:
>>
>> http://wiki.creativecommons.**org/4.0/Technical_protection_**measures<http://wiki.creativecommons.org/4.0/Technical_protection_measures>
>> http://mirrors.**creativecommons.org/drafts/by_**4.0d3.html<http://mirrors.creativecommons.org/drafts/by_4.0d3.html>
>>
> The wording in CC 3.0 created a prohibition against applying TPMs ("You
> may not impose any effective technological measures on the Work that
> restrict the ability of a recipient of the Work from You to exercise the
> rights granted to that recipient under the terms of the License"), which I
> think prevents going from CC-BY -> ODC-BY, as doing so would drop off this
> restriction.
>
> It looks like CC 4.0 will remove this prohibition though and change it to
> a right to circumvent, which should allow CC-BY -> ODC-BY (unless there are
> any other incompatible clauses I'm missing).  In this case, you're just
> removing a right rather than removing a prohibition, which is allowed in
> non-copyleft licenses.
>

This isn't quite correct. 4.0 will keep the prohibition on licensees
applying TPMs, but includes permission to circumvent where the licensor
herself applies TPMs.

The last public draft of 4.0 states that "You may not offer or impose any
additional or different terms or conditions on, or apply any effective
technological measures to, the Licensed Material or Adapted Material that
prevent any such recipient from exercising the Licensed Rights." However,
while licensees may not impose technological restrictions, should a
licensor have applied such restrictions to her own licensed work, "The
Licensor waives or agrees not to assert any right or authority to forbid
You from making technical modifications necessary to exercise the Licensed
Rights, including technical modifications necessary to circumvent effective
technological measures applied by the Licensor."

http://mirrors.creativecommons.org/drafts/by_4.0d3.html

I have not done the comparison of CC BY and ODC BY so can't speak to it
specifically. However, we generally think it is permissible to create
adaptations of BY (and BY-NC) works under any license so long as it is
possibly to comply with the terms of the CC license and the license of the
adapted material. That is, if you are complying with the other terms and
conditions of CC BY, including by not actually applying TPMs to the BY
material alone or in an adaptation even if the license on the adapted
material would otherwise permit it, you are in compliance with CC BY and
permitted to create the adaptation. There's more detail here:

http://wiki.creativecommons.org/4.0/Treatment_of_adaptations#Licensing_adaptations

CC's guidance will be revised to reflect this--we do still consider best
practice to be compatibility with licenses that are the same or more
restrictive, but it is permissible to do otherwise where the necessary
conditions are met. (ShareAlike is a different animal, of course.)

-Kat
(counsel, Creative Commons)
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.okfn.org/pipermail/od-discuss/attachments/20130814/504cd76a/attachment-0001.html>