Comments on: Tom Waits and Creative Commons

By: Mike

Mike — Tue, 07 Jun 2005 13:53:12 +0000

Note: Characterizing a transaction as “purchasing” a license to a copyrighted work perpetuates confusion regarding application of the doctrine of first sale.

By: Scote

Scote — Mon, 06 Jun 2005 21:50:33 +0000

There is a contract involved. The iTMS Terms of Service are very specific that you are not purchasing the song, only a license.

By: The Importance of...

The Importance of... — Mon, 06 Jun 2005 16:13:39 +0000

More on “Restricted Use” vs. “License”
Earlier, I responded to Prof. Michael Madison’s conjecture about the distinction between a “licensed” work and one with built-in DRM. Basically, I didn’t get the distinction (DRM: Add On or Integral Part?). Madison has replied, trying to clarify hi…

By: Ed Felten

Ed Felten — Mon, 06 Jun 2005 15:22:17 +0000

If somebody violates the CC license on my website, I sue them for copyright infringement. The license exists not to give me a basis for suing them — copyright law does that — but to give them a defense if I sue them for doing something that is permitted by the CC license. If we end up in court, it’s the user of the website, rather than me (the publisher), who will be arguing for the validity of the CC license. And I can’t very well argue that I didn’t properly consent to my own CC license.