Re: [License-discuss] Wikipedia Content

2014-12-01 Thread Lawrence Rosen
Henri, this issue keeps coming up here! On your behalf and on behalf of other 
curious readers here on this list, I will ask our Creative Commons friends your 
question: Is the CC-SA license GPL-like?

 

Boldly presaging their answer, I will equivocate: Yes and no. 

 

Yes, it requires reciprocation by anyone who creates an Adaptation of the CC-BY 
work. No, it doesn't require anything more onerous than the Apache License for 
the mere incorporation of that work into a Collection. 

 

Apache's rule should state that any Apache project can incorporate CC-BY 
components into an Apache Collection. Apache projects can also *adapt* such 
works, but then our *adapted* versions *of the CC-BY components* must be under 
CC-BY. 

 

As for the risk to downstream users, there is none as long as they do not 
themselves create an Adaptation *of the CC-BY components* distributed in the 
Apache Collection but ignore the reciprocity requirement of CC-BY. That is why 
we create a NOTICE file with each Apache Collection. 

 

To be practical, I can't imagine a situation where Wikipedia content under 
CC-BY would matter much anyway to any downstream user of an Apache Collection. 
Such components are easy for distributors to remove or leave alone. Let's not 
allow confusion over license terms overrule the obvious.

 

As to its literary comparison to GPLv2: The Creative Commons folks have 
eliminated GPL-like confusion in their licenses. Their licenses are clearer, 
less ambiguous, understood around the world, and do not confuse people with 
terms like static and dynamic linking or combining or baking code into 
other code that have influenced the software industry for far too long. 

 

[FWIW, if it weren't for the rampant and self-inflicted confusion about 
linking with GPLv2 components, I would recommend that ASF also allow such GPL 
components in our Apache Collections. Of course Apache projects would have to 
be careful when they create Adaptations of such works and the NOTICE files 
would become even more relevant to some downstream users who are themselves 
distributors. Fortunately, I don't have to bring the GPLv2 or GPLv3 licenses up 
today.]

 

As long as we understand what Creative Commons and Apache Software Foundation 
both mean by *Adaptation* and *Collection* then we can safely use Creative 
Commons components.

 

/Larry

 

The following definitions in CC-SA are important:

Adaptation means a work based upon the Work, or upon the Work and other 
pre-existing works, such as a translation, adaptation, derivative work, 
arrangement of music or other alterations of a literary or artistic work, or 
phonogram or performance and includes cinematographic adaptations or any other 
form in which the Work may be recast, transformed, or adapted including in any 
form recognizably derived from the original, except that a work that 
constitutes a Collection will not be considered an Adaptation for the purpose 
of this License. For the avoidance of doubt, where the Work is a musical work, 
performance or phonogram, the synchronization of the Work in timed-relation 
with a moving image (synching) will be considered an Adaptation for the 
purpose of this License.

Collection means a collection of literary or artistic works, such as 
encyclopedias and anthologies, or performances, phonograms or broadcasts, or 
other works or subject matter other than works listed in Section 1(f) below, 
which, by reason of the selection and arrangement of their contents, constitute 
intellectual creations, in which the Work is included in its entirety in 
unmodified form along with one or more other contributions, each constituting 
separate and independent works in themselves, which together are assembled into 
a collective whole. A work that constitutes a Collection will not be considered 
an Adaptation (as defined below) for the purposes of this License.

 

Cc: Creative Commons

 

 

From: Henri Yandell [mailto:bay...@apache.org] 
Sent: Monday, December 1, 2014 9:00 AM
To: lro...@rosenlaw.com
Subject: Re: Wikipedia Content

snip

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Re: [License-discuss] Wikipedia Content

2014-12-01 Thread John Cowan
Lawrence Rosen scripsit:

 Henri, this issue keeps coming up here! On your behalf and on behalf
 of other curious readers here on this list, I will ask our Creative
 Commons friends your question: Is the CC-SA license GPL-like?

[snip]

 Yes, it requires reciprocation by anyone who creates an Adaptation of
 the CC-BY work. No, it doesn't require anything more onerous than
 the Apache License for the mere incorporation of that work into
 a Collection.

Are you talking about CC-BY or CC-(BY-)-SA?

-- 
John Cowan  http://www.ccil.org/~cowanco...@ccil.org
You cannot enter here.  Go back to the abyss prepared for you!  Go back!
Fall into the nothingness that awaits you and your Master.  Go! --Gandalf
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Re: [License-discuss] Wikipedia Content

2014-12-01 Thread Lawrence Rosen
Sorry, I meant CC-SA throughout! Brain hiccup happened. /Larry


-Original Message-
From: John Cowan [mailto:co...@mercury.ccil.org] 
Sent: Monday, December 1, 2014 5:41 PM
To: lro...@rosenlaw.com; license-discuss@opensource.org
Cc: 'Kat Walsh'
Subject: Re: [License-discuss] Wikipedia Content

Lawrence Rosen scripsit:

 Henri, this issue keeps coming up here! On your behalf and on behalf 
 of other curious readers here on this list, I will ask our Creative 
 Commons friends your question: Is the CC-SA license GPL-like?

[snip]

 Yes, it requires reciprocation by anyone who creates an Adaptation of 
 the CC-BY work. No, it doesn't require anything more onerous than the 
 Apache License for the mere incorporation of that work into a 
 Collection.

Are you talking about CC-BY or CC-(BY-)-SA?

-- 
John Cowan  http://www.ccil.org/~cowanco...@ccil.org
You cannot enter here.  Go back to the abyss prepared for you!  Go back!
Fall into the nothingness that awaits you and your Master.  Go! --Gandalf

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