The Creative Commons License As "A Revocable Covenant Not To Sue"

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The Scrivener's Error picks up my post on Creative Commons misuse and describes the problem in code:

Alex Wild doesn't quite go far enough in criticizing the (mis)use of the Creative Commons license. The real problem is that it is not a license, and is therefore misnamed; it is, instead, a revocable covenant not to sue:

If you limit your use of {this CCL work} to {insert particular subspecies}

then the current holder of the rights to {this CCL work} promises not to enforce his/her/its exclusive rights to {insert particular subspecies}

else the current holder of the rights to {this CCL work} makes no promises whatsoever and you are subject to his/her/its whims under the full range of copyright, trademark, and other relevant law

end;

 

Alex Wild is Curator of Entomology at the University of Texas at Austin, where he studies the evolutionary history of ants. In 2003 he founded a photography business as an aesthetic complement to his scientific work, and his natural history photographs appear in numerous museums, books and media outlets.

More by Alex Wild

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