linux-kernel - Re: Creative Commons as an example of a simple license

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Message-ID: <20060929075530.GD13837@DervishD>
Date:	Fri, 29 Sep 2006 09:55:30 +0200
From:	DervishD <lkml@...vishd.net>
To:	David Schwartz <davids@...master.com>
Cc:	"Linux-Kernel@...r. Kernel. Org" <linux-kernel@...r.kernel.org>
Subject: Re: Creative Commons as an example of a simple license

    Hi David :)

 * David Schwartz <davids@...master.com> dixit:
> > 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.

    So the non-commercial CC license is not enforceable (at least in
your country)?. Here in Spain I don't know if that is enforceable or
not, but to my (limited) knowledge, you can restrict something so the
recipient cannot use it for commercial purposes. If any spaniard
could tell something sensible about this issue I would be grateful.
 
> 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.

    Will in this case the NC+share-alike CC license work?
 
> 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.

    I see that this is for US: do you know if the same applies to
European countries, for example? I think that our copyright laws are
very different, but I cannot swear it, 'cause copyrigth is a complex
issue no matter the country.

    Raúl Núñez de Arenas Coronado

-- 
Linux Registered User 88736 | http://www.dervishd.net
It's my PC and I'll cry if I want to... RAmen!
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