On 14/04/2015 06:44:06, Andrew A. Adams <a...@meiji.ac.jp> wrote:
I don't think it's this clear-cut. Over on a list of lawyers working on Free
Software legal issues (*) we recently had a discussion about what happens
when someone violates a provision of a free software license. Do they then
lose all access to the software or could they, after simply stopping their
violating behaviour, simply download a new copy of the software and start
using it again>? There is generally no language in any of the Free Software
licenses limiting the grant of the rights. Different views were offered and
none have been tested so far in any jurisdiction.
However, the CC licences do have language that says that a violation of the
licence loses the rights of that licence. And 4.0 adds language that if the
violation is repaired within 30 days, the rights of the licence are
automatically returned.
Software may be trickier, as it tends to evolve - how can you breach the
licence on a piece of code that never existed when you first downloaded it? So
if a feature is added after you make a licence violation, and then you reuse
the new code in accordance with the licence is that allowed or not?
There may be similar complications with derivatives - if I violate the CC
licence on an article and lose the rights granted to me, and the someone else
publishes a derivative also under a CC licence, to what extent am I able to
exercise the rights granted to me under CC?
But to the extent that articles tend to be "static", the provision for handling
licence violations is there.
So, if I redistribute a derivate if a CC-ND work, together with a copy of the
original, I can certainly be sued (with a good chance fo success) for
violating the ND element. I doubt that a court would increase damages because
my violation of the ND license then means I didn't have a license to
distribute the original unamended. Would a court order me to stop future
distribution of the unamended work as well? How about simoply keeping a copy
of the original work for my own use?
If you violate the terms of CC linked to a work, and therefore lose your rights
under CC for that work, then you presumably lose all of the rights - including
the right to read, let alone redistribute or reuse.
What may be more relevant here is the likelihood of anyone to pursue a
violation. As long as any future use of a work is in accordance with the CC
licence, it is highly unlikely that anyone would want to pursue that as a
violation - it would be against the intention of them issuing a CC licence in
the first place.
But anyone violating the terms of a CC licence would no longer be licenced
under CC (for a work). Under those circumstances, providing the original
violation could be proven - e.g. there was a court judgement - they could be
pursued and damages awarded in accordance with a breach of copyright, with no
licence granted.
G
_______________________________________________
GOAL mailing list
GOAL@eprints.org
http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal
