On Tue, 21 Mar 2006 12:19:23 +0000 MJ Ray wrote: > Francesco Poli <[EMAIL PROTECTED]> > > On the other hand, in the hypothetical case we are talking about, > > Charlie doesn't say "This image is created by Bob" or otherwise > > tries to pass it off as a work by Bob. > > He clearly states that "This image is *based on* the desk image > > created by Bob" (emphasis added). > > If he uses that as a credit for the *derived* work, when Bob had no > part in the *derived* work, that still seems passing off or false > attribution, unless there's specific permission.
I'm puzzled: how can you say that "Bob had no part in the *derived* work"? His part was drawing the desk, that was later reused in the derived work! Does Linus Torvalds have no part in linux-image-2.6-*.deb? Debian Linux kernels are different from official kernel.org ones, but that doesn't mean that upstream have no part in them! Or am I misreading what you wrote? > > > What I'm saying is "who decides what is accurate and what is > > inaccurate credit?". > > You seem to imply that the credited person can arbitrarily decide on > > that question. > > I instead think the courts have such a power. > > The credit permission can be terminated, but I didn't think we needed > the right to use upstream's name as a credit for something to meet the > DFSG. This seems similar to trademarks vs filenames. The problem with > the CC-generic licence was the requirement that *all* *references* to > the Author be removed, which is an unacceptable restriction on > modification that can make project histories and encyclopedias > seriously incomplete. OK, we agree that the requirement to purge *all references* is non-free. But I'm not convinced that requiring to purge accurate credit is DFSG-free... [...] > If there's any doubt, I think the credited person usually gets to > decide whether a credit is acceptable, even if true, so CC-Sco only > gives extra permission and doesn't restrict the four freedoms. What if there's no doubt? > > I still consider that X11-style licences are the best for these > videos, And I agree (the Expat license is my favourite non-copyleft). > and that Artistic is acceptable, but also that > CC-Scotland-by-2.5 is an acceptable licence that corrects the DFSG > failures of CC-generic-by-2.5. I have to disagree. At the very least (even if we conclude that requiring to remove credit upon request is acceptable), CC-by-2.5/scotland still has the following other issues: * the "any comparable authorship credit" lawyerbomb * the "sue me in Scotland" problem I strongly suggest to adopt clearly DFSG-free licenses that don't have issues in the first place, rather than choosing a license with more or less small issues that must be cured. Hence, my suggestion to stick to Expat license. > > Unless there's objection, I suggest we stop cross-posting to -video > now. OK, done. -- :-( This Universe is buggy! Where's the Creator's BTS? ;-) ...................................................................... Francesco Poli GnuPG Key ID = DD6DFCF4 Key fingerprint = C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4
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