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Date: Thu, 28 Sep 2006 19:29:54 -0700 From: "David Schwartz" <davids@...master.com> To: "Linux-Kernel@...r. Kernel. Org" <linux-kernel@...r.kernel.org> Subject: RE: Creative Commons as an example of a simple license > Or for example, you can give your work for free and > require that it is not used for commercial uses. You're reserving the > commercialization right for you. Actually, you can't do that. Copyright law does not permit restriction of use unless you can condition it on doing something else. There is no way to prevent someone who lawfully receives a copy of a work (who doesn't have to go through any click-through or shrink-wrap agreement) from using it commercially. You could say that anyone who modifies it or copies it must refrain from using it commercially. But that wouldn't stop someone who downloaded it from a web site or bought it on a CD from doing so. You would essentially have to say that in order to give someone a copy, you must obtain their affirmative assent to the usage restrictions or require that works always be packaged in an installer that required their assent to the terms. See http://www.copyright.gov/title17/92chap1.html#106 and notice that it doesn't say anything about commercial use. If someone isn't trying to do any of those things, copyright won't stop them. DS - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@...r.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/
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