--- In [email protected], "Jay dedman" <[EMAIL PROTECTED]> wrote: > > is Creative Commons a noble experiment, or is it a real tool to help > create a healthy online ecology? > > jay > > -- > Here I am.... > http://jaydedman.com
Whether or not Creative Commons is bullshit will be determined in courts of law. Until someone posts something under a CC license that's disregarded and takes someone to court and wins, there's no precedent. It's possible this has already happened. I don't know. I don't keep up with stuff like that. EDIT: I just googled it... ==== http://news.com.com/2100-1030_3-6052292.html A court in the Netherlands has ruled that a Creative Commons license is binding, in a case brought against a Dutch gossip magazine by an ex-MTV star. This is one of the first times that the license--which offers more flexibility than traditional copyright licenses--has been tested in a court of law, according to legal Web site Groklaw. "The Creative Commons licenses are quite new, so there has been very little in the way of case law so far, so this is a significant development," Groklaw reported. Former MTV VJ Adam Curry sued Weekend, a Dutch gossip magazine, for copyright infringement after the magazine published photos of Curry's daughter without his authorization. The photos, which Curry had posted on the Flickr photo-sharing site, were covered by the Creative Commons Attribution-NonCommercial-ShareAlike 2.0 license, which states that while the licensed content can be used freely for noncommercial purposes as long as the source is made clear, the content cannot be used for commercial purposes unless the creator of the content agrees to waive the conditions. The court ruled that Weekend must not use Curry's pictures again or it would face fines of 1,000 euros (about $1,200) for each photo used without permission, Curry said in his blog. Now on News.com: Audax, the publisher of Weekend, had argued that it was misled by the notice posted on Flickr near Curry's photos stating that they were "public" and that the link to the license was not obvious. But the court rejected this defense, stating that Audax should have carried out due diligence before publishing the photos, according to Creative Commons Canada, which published a translation of the court ruling. == It seems from that post that what he won was a cease & desist order. Here's what he had to say on his web site: == http://curry.podshow.com/?p=49 Judgement Day Posted on Thursday 9 March 2006 The Judge released her decision today in our lawsuit against a dutch gossip rag. The case was about two issues: - Endangering our 15 year old daughter by publishing the name and location of her school and her means of transport to and from school. - Reproduction of pictures I own and publish on flickr under the creative commons `attribution-non commercial-share alike' license. The endandgerment claim was dismissed. As I have said before, I don't like the idea of anyone following my daughter, regardless of intentions. If this happens again I will take matters into my own hands. Regarding the copyright claim, the judge ruled in our favour, and ordered the mag not to use my copyrighted pictures again. If they do they will be fined 1000 euros (about $1200) for each photo they use without permission. Obvously the Dutch court does not value new media property and ownership very highly, but the creative commons copyright does hold up! To the Dutch media, who are looking for a response: "Ik ben opgekomen voor mijn rechten en veiligheid van mijn gezin. Hoewel ik blij ben dat mijn intellectuele eigendom door de rechter wordt beschermd, kan ik niet begrijpen dat zij toestaat dat een vent met een kamera mijn minderjarige dochter mag achtervolgen. Alle ouders voelen dit. Ik neem mijn eigen maatregelen om dit te bestrijden." == So... As far as this case, on the one hand, Creative Commons was upheld, so it's not bullshit..... However.... The punishment was minimal, so was it worth it for the company to ignore his CC license? Probably. They got to use his pictures and sell magazines based in part on his images until they were ordered by the court to "Stop, or else......." Bill C. ReelSolid.TV
