question about a project licensed under CC NC claiming to be open source
Tzeng, Nigel H.
Nigel.Tzeng at jhuapl.edu
Wed Jun 23 17:34:24 UTC 2010
On 6/23/10 1:01 PM, "Joseph Bell" <josephabell at verizon.net> wrote:
> Because Creative Commons itself recommends you don't use it for software:
> It's language is geared around works such as music, poetry, recordings, books,
> etc. - it leaves unanswered questions such as what is a derivative work in the
> context of software. There are plenty of Open Source licenses to choose from,
> Creative Commons not being one of them.
> Of course, this is my opinion, but it's also the opinion of Creative Commons.
My opinion is that CC was being a good neighbor to the OSI and FSF by saying
not to use CC for software as opposed there being some fundamental
limitation in the licenses themselves. Probably because some of the CC
licenses don't qualify as open or free licenses.
As far as what constitutes a derivative work in the context of software
there is debate within the community which most folks politely
ignore...primarily because some folks strongly assert one thing and it leads
to excessive "discussion" if other folks disagree.
Derivative works so clearly defined in the open source world that the
Eclipse Foundation punts on the issue twice in their FAQ about EPL:
25. Some open source software communities specify what they mean by a
"derivative work". Does the Eclipse Foundation have a position on this?
The Eclipse Foundation interprets the term "derivative work" in a way that
is consistent with the definition in the U.S. Copyright Act, as applicable
to computer software. You will need to seek the advice of your own legal
counsel in deciding whether your program constitutes a derivative work.
26. Some free software communities say that linking to their code
automatically means that your program is a derivative work. Is this the
position of the Eclipse Foundation?
No, the Eclipse Foundation interprets the term "derivative work" in a way
that is consistent with the definition in the U.S. Copyright Act, as
applicable to computer software. Therefore, linking to Eclipse code might or
might not create a derivative work, depending on all of the other facts and
Wow...that cleared it right up...
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