US Court rules in favor of Creative Commons copyright
Fri, Aug 15, 2008 09:34 AM CDT - Byraf
Creative Commons Wins Again! As you know, all of the songs created here on Kompoz are protected by the one of several Creative Commons licenses.
Yesterday, the US Court of Appeals for the Federal Circuit ruled that the terms of the Creative Commons licenses are enforceable. This most recent ruling was regarding software -- a company that used free software released under the Creative Commons did not give credit to the developers of the original software, despite the fact that the license required them to do so. This week's ruling means that software developers, musicians, artists, and others who release their work under an "open source" license have a reasonable expectation that the terms of the license will be enforceable.
A Creative Commons license was first tested in court in early 2006, when podcaster Adam Curry sued a Dutch tabloid who published photos without permission from his Flickr page. The photos were licensed under the Creative Commons Non-Commercial license. The Dutch Court's decision is especially noteworthy because it confirms that the conditions of a Creative Commons license automatically apply to the content licensed under it, and bind users of such content even without expressly agreeing to, or having knowledge of, the conditions of the license
I am pretty sure that that software wasn't under a cc license but that because the licenses are structured in a similar fashion and (perhaps) because the court referenced the cc licenses and others in the decision then this can rightly be considered a win for such licenses.
all the best,
drew
Sat, Aug 16, 2008 @
11:32 PM CDT
OH LETS NOT CONFUSE THE ISSUE WITH FACTS HERE....BREAK OUT THE RIPPLE AND LETS CELEBRATE!