Re: “A Bug in Early Creative Commons Licenses Has Enabled a New Breed of Superpredator”
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The “immediate termination on breach” clause of GPLv2 was, in part, being used in the McHardy litigations (just settled for good) in Germany. Some more detailed analysis here: https://jolts.world/index.php/jolts/article/view/128/246 It’s also why the cooperation commitment for GPLv2 was done: https://opensource.com/article/18/11/gpl-cooperation-commitment
There’s another debate to be had about the notice requirements of various licenses (which is the peg on which this particular CC litigant hangs their hat), and how compliance for that is done, and to what extent that’s all that valuable. I tend to think at some point License Zero type licenses (not the current ones, but different flavors of future ones, which could include copyleft) will look more attractive
From: main@... <main@...> On Behalf Of Steve Kilbane
Sent: Friday, January 28, 2022 1:56 AM
Subject: Re: [openchain] “A Bug in Early Creative Commons Licenses Has Enabled a New Breed of Superpredator”
If I'm understanding this correctly, the key aspect here is that a breach leads to termination of rights without opportunity of remedy. Isn't that relatively common in open source licenses, not just the Creative Commons ones?
I acknowledge that, as Cory describes, it's easy to create large quantities of media (e.g. stock photos) that is directly owned by a copyleft troll, as bait. But doesn't the problem also apply to open source software? While it's harder to software packages that will be so easily picked up by sufficient users to make the effort worthwhile, I can think of a couple of attacks here:
The attacker could fork a popular package under a permissive license, make minor changes, and re-release with a subtle renaming under a compatible license w/o remedy period.
More perniciously, the attacker could contribute changes to the original package which made use of media under the CC licenses or other licenses with a similar problem.
Very little open source *code* is under Creative Commons licenses. However, a lot of open source *documentation* is under Creative Commons licenses. Therefore, we should keep an eye on this matter.
“Copyleft trolls, robosigning, and Pixsy”
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