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

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Message-ID: <MDEHLPKNGKAHNMBLJOLKAENGOLAB.davids@webmaster.com>
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

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