[GOAL] Re: CC-BY: derivatives and liability

[Eric F. Van de Velde]

Heather:
This seems to me to be a case of being overly sensitive to problems that
might occur. This is a far-fetched scenario with an extremely small
probability of occurring. If it should occur, that is what the judicial
system is for. They can sort it out, based on real facts of real cases.
There is no need to figure out pre-emptive solutions to imaginary problems.

This blog by a law-professor on the early history of Gmail carries an
important lesson to keep in mind:
http://www.volokh.com/2012/08/19/privacys-memory-lane-from-furor-to-fail-in-eight-years/
--Eric.

http://scitechsociety.blogspot.com

Skype: efvandevelde -- Twitter: @evdvelde
E-mail: eric.f.vandevelde at gmail.com



On Mon, Aug 20, 2012 at 11:06 AM, Heather Morrison <hgmorris at sfu.ca> wrote:

> Another question relating to policies requiring CC-BY licenses: will
> policy-makers require waiver of liability in the case of derivatives?
>
> As an example of why this might be necessary: consider the scenario of a
> research article in the area of pharmacology. Someone creates a derivative
> - but makes a mistake on the dose. People die.
>
> Before we create and implement policies requiring that all scholars make
> their works available for re-use, in my opinion it would be wise to give
> considerable thought to whether there are good reasons why scholars may not
> always want to (or be able to) allow derivatives of their works.
>
> This just one example of a situation where allowing derivatives may not be
> clearly beneficial. Others include situations where an author is using
> someone else's work and the someone else does not allow derivatives. It is
> often the case with book publishing that excerpts are taken from various
> places with a variety of rights attached. In this case, a policy requiring
> CC-BY places limitations on what an author can use in their work.
>
> Note that I am in favor of libre OA, just convinced that this cannot be
> achieved by universal adoption of one particular CC license.
>
> Heather Morrison, MLIS
> Doctoral Candidate, Simon Fraser University School of Communication
> http://pages.cmns.sfu.ca/heather-morrison/
> The Imaginary Journal of Poetic Economics
> http://poeticeconomics.blogspot.com
>
>
>
>
>
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