What is IP and whose interests does copyright protect Re: [LINK] web site choices.

Eleanor Lister eleanor at pacific.net.au
Wed Sep 6 12:03:56 AEST 2006


Marghanita da Cruz wrote:
> Roger Clarke wrote:
>> Reducing the information overload, I reckon that CC 'by-nc-nd' is the 
>> appropriate licence for circumstances like yours (and mine), i.e.:
>> -   Attribution please
>> -   No commercial use
>> -   No derivatives
> *isn't attribution please, no derivatives contradictory? *
>
> let's look at academic publishing...you have to publish first to get 
> credit for the idea..but it is then the number of people who take it 
> up and what develops from your contribution that makes it valuable...
remember that CC is a foreign license developed under a different legal 
framework.

for example, here we have Moral Rights, which *require* :

 1) Attribution (you must acknowledge the executor of a work)

 2) Integrity (you can't derogate an author's competence for benefit, 
eg; tearing down a commisioned mural when redecorating because it would 
damage the artist's reputation by implying that their work was purely 
decorative, with no redeeming artistic qualities)

these laws do not allow compensation, nor do they have penalties 
attached; but the court may require rectification of a lapse, on pain of 
contempt of court.   these laws have been shown to have bite in 
practical terms.

introduced by Phil Ruddock ... a very much more complex person than 
Monty Burns, his look-alike.

so, in regards to your query ... not necessarily - let's say you invent 
a new sorting algorithm, it is the "daCruz sort" ... so whether i 
develop a derivative or not, you still get the credit, and if your 
product license says "no derivatives", well i guess that might be hard 
to enforce, but hardly contradictory ... and if it's patented, i'd 
better not be using a daCruz sort anytime in the next 20 years without 
paying you!

regards,
    EL

------------
Eleanor Ashley Lister
South Sydney Greens
http://ssg.nsw.greens.org.au
webmistress at ssg.nsw.greens.org.au




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