[od-discuss] Exploring licence compatibility

Wed Aug 14 09:49:24 UTC 2013

On 13-08-14 10:51 AM, Kat Walsh wrote:
>
>     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.
>
> 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.
>
> 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."
Ah, ok, got it. I thought this latter term was disappearing, but maybe 
that was from an earlier revision or discussion.  Thanks for the 
clarification.

Unfortunately, I suppose then there'll be no one-way compatibility from 
CC-BY-4.0 -> ODC-BY, nor CC-BY-4.0 -> OGL-2, correct? Sure, you can 
always combine the two into your own custom license, but without 
automatic compliance through term alignment, it's pretty difficult to 
redistribute such an adaptation under clear terms.  I think ODC-BY -> 
CC-BY-4.0 might be okay though; anyone see any problems with this direction?

Kent
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