Owen Brown (sorry for the mistake) responds again to the warranty issue:
"One of the main goals of the Creative Commons licensing project is to remove as much legal doubt as possible from the re-use of creative materials. Another goal is to minimize the amount of rights-clearing that must go on in the chain of creativity. Having the original licensor promise to clear these rights -- within reasonable limits -- furthers these goals. Letting the original licensor pass that risk on to all licensees undermines these goals; it creates a situation in which every licensee must in fact do his or her own due diligence for every single transaction. What good is the license if that's the case? "Feel free to use my work provided you can prove that I'm not passing liability on to you" -- that seems unfair, and tremendously inefficient.
"What good is the license?" What a surprising question.
Without the license, you can't use the work. It's as simple as that.
"Passing the risk on to the licensee, that seems unfair"?
The licensee gets to use the work for free. Asking for any kind of guarantee on top of that seems to be somewhat cheeky. I, as someone who donates his works to the "Creative Commons", have to assume uncalculable liability to an unknown number of anonymous licensees, to compensate them for their friendly willingness to use my work?
You must be joking. I'll be damned if I'm going to pay people even one dime for the privilege of having them use my works.
So some sort of warranty is crucial. If we can come up with a way to soften our current warranty without passing on too much risk to licensees, then I'd be open to doing so. (I have trouble imagining how this would be done, since, again, someone must bear the risk.) But the idea of removing any type of warranty whatsoever isn't compatible with our goals.
Your goals seem to be not compatible with mine as an author. The solution to that is easy. I have removed all reference to your licenses from all of my works, replacing them with (for the time being) "all rights reserved".
Update: I am not the only one dumping the CC license.Posted by Karl-Friedrich Lenz at May 2, 2003 07:14 PM | TrackBack