On Fri, Mar 26, 2004 at 02:17:21PM -0500, Nathanael Nerode wrote: > |>]Except for the limited purpose of indicating to the public that the > |>]Work is licensed under the CCPL, neither party will use the trademark > |>]"Creative Commons" or any related trademark or logo of Creative > |>]Commons without the prior written consent of Creative Commons. Any > |>]permitted use will be in compliance with Creative Commons' > |>]then-current trademark usage guidelines, as may be published on its > |>]website or otherwise made available upon request from time to time. > |> > |>But it's probably rendered moot by this line earlier: > | > | > |>]Creative Commons is not a party to this License, and makes no > |>]warranty whatsoever in connection with the Work. > | > | > |>Because Creative Commons is not a party to the license, it can't > |>insert restrictions on its trademarks into the license. (The > |>preceding paragraph, however, still ought to be rewritten to say what > |>it's supposed to mean.) > | > | > | I'm not sure I understand what you're saying. Taken literally, the > | licensor is doing Creative Commons a favor by enforcing their trademark > | (via copyright) for them. > > Right. This is what I was saying: Creative Commons isn't a party to the > license, so they can't complain if the licensor ignores that clause and > *doesn't* (mis)enforce the Creative Commons trademark via copyright. > > However, I just realized that the other parties to the license *could* > complain, so that makes it a non-free requirement. :-P For instance, > the licensor could complain about the behavior of a licensee (although > normally he has no right to) with regard to the Creative Commons > trademark, and use that as a license cancellation excuse. > > So, if those clauses are actually part of the license (and they look > like it, although I think they weren't supposed to be), it is non-free. :-P
Has anyone cared to check the source code of the page? This sections begins with a comment: <!-- BREAKOUT FOR CC NOTICE. NOT A PART OF THE LICENSE --> So please just ask CC if they could make this fact more obvious (i.e. not just using different backgroudn colors). [not on this list, so please CC me] Gruesse, -- Frank Lichtenheld <[EMAIL PROTECTED]> www: http://www.djpig.de/
