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[Bug] Legal Code Defined excludes most of CC0 #1212

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Jayman2000 opened this issue Jul 19, 2021 · 2 comments
Open
1 task done

[Bug] Legal Code Defined excludes most of CC0 #1212

Jayman2000 opened this issue Jul 19, 2021 · 2 comments
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@mindspillage @ohneEigenschaften
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💻 aspect: code Concerns the software code in the repository 🛠 goal: fix Bug fix 🟩 priority: low Low priority and doesn't need to be rushed 🔒 staff only Restricted to CC staff members 🏁 status: ready for work Ready for work
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@Jayman2000
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Description

According to Legal Code Defined,

As the only legally-operative layer, the legal code is the primary layer of the CC licenses. It consists of the text of the licenses, as well as any meaningful formatting and other inseparable elements listed below. […]

Elements of the legal code

  • Text of the license (excluding “Using Creative Commons licenses”, the CC notice at bottom and disclaimer at the top, as delineated below)
  • Title of the license (including version number)
  • Ordering of text in the license
  • Emphasis of text
  • Numbering scheme

Elements of the license page that are not part of the legal code

Anything not specifically named as legal code above, including:
[…]

The only part of CC0 that acts as a license is its Public License Fallback. As a result (based on the definition provided by Legal Code Defined), most of CC0 is not part of its legal code and is not "legally-operative".

Expectation

I would expect that sections 1–4 of CC0 would be a part of its legal code. I'm not sure if the Statement of Purpose should be part of its legal code.

Resolution

  • I would be interested in resolving this bug.
@Jayman2000 Jayman2000 added 💻 aspect: code Concerns the software code in the repository 🚦 status: awaiting triage Has not been triaged & therefore, not ready for work 🛠 goal: fix Bug fix 🟧 priority: high Stalls work on the project or its dependents labels Jul 19, 2021
@TimidRobot TimidRobot added 🟩 priority: low Low priority and doesn't need to be rushed 🏁 status: ready for work Ready for work and removed 🟧 priority: high Stalls work on the project or its dependents 🚦 status: awaiting triage Has not been triaged & therefore, not ready for work labels Jul 20, 2021
@TimidRobot TimidRobot added this to Ready for Development in Active Sprint via automation Jul 20, 2021
@Jayman2000 Jayman2000 mentioned this issue Sep 7, 2021
Closed
@brylie brylie removed this from Ready for Development in Active Sprint Oct 13, 2021
@Neilblaze
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@TimidRobot Is this up for grabs?

@TimidRobot TimidRobot added the 🔒 staff only Restricted to CC staff members label Feb 28, 2023
@TimidRobot
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@Neilblaze no, this needs to be addressed by the Legal Team. I have updated the labels accordingly.

Jayman2000 added a commit to Jayman2000/jasons-copying-info-tool that referenced this issue Oct 6, 2023
@Jayman2000
Add copying information
a8ae5f0 
For more information on why I use 🅭🄍, see
<https://jasonyundt.website/posts/why-do-i-use-cc0.html>.

While progress has been made [1] into closing the
🅭🄍-not-available-under-🅭🄍 loophole [2] [3], it’s not fully closed.
Creative Commons assigned someone to one of the issues, and that
assignee said that 🅭🄍 __should__ already be available under 🅭🄍 [1].
This, unfortunately, isn’t quite the same as Creative Commons outright
saying that 🅭🄍 __is__ available under 🅭🄍. Additionally, some text was
added to CC’s Licensing Statement for Content and Software Code [4]
which dedicates “the text of all of the notices and accompanying text on
the license pages” to the public domain using 🅭🄍. The key words here are
“on the license pages”. 🅭🄍 is not a license [5] so that quote,
unfortunately, doesn’t apply to 🅭🄍. Ugh.

With that in mind, I decided to still include attribution text for the
portions of 🅭🄍 that are (potentially) 🅭🅯4.0 licensed. It’s probably not
necessary, but I’d rather err on the side of caution.

The content that this commit adds is in plain text. In a future commit,
I might turn some of it into Markdown, but I want to set up pre-commit
first [6].

[1]: <https://github.com/creativecommons/creativecommons.org/issues/1218#issuecomment-1212525987>
[2]: <creativecommons/creativecommons.org#1212>
[3]: <https://github.com/creativecommons/creativecommons.org/issues/1218>
[4]: <https://creativecommons.org/policies#licensing%20statement>
[5]: <https://creativecommons.org/faq/#how-do-cc-licenses-operate>
[6]: <https://pre-commit.com/>
Jayman2000 added a commit to Jayman2000/jasons-self-love-trainer that referenced this issue Oct 6, 2023
@Jayman2000
Make it a policy to include the text of legal tools
d054c64 
In a future commit, I plan on adding a sound effect to this project. I’m
not going to make the sound effect myself. Instead, I’m going to find
one that’s either available under a free license or in the public
domain. It’s more likely that I’ll end up finding a freely licensed one
than a public domain one.

If I do end up finding something that’s available under a free license,
then that license will probably require that I include a copy of it. For
the sake of consistency, this commit makes it a policy to include a copy
of every legal tool that at least some content in this repository is
available under.

Since this repo already contains CC0’d content, this commit adds a copy
of CC0. While progress has been made [1] into closing the
CC0-not-available-under-CC0 loophole [2] [3], it’s not fully closed.
Creative Commons assigned someone to one of the issues, and that
assignee said that CC0 __should__ already be available under CC0 [1].
This, unfortunately, isn’t quite the same as Creative Commons outright
saying that CC0 __is__ available under CC0. Additionally, some text was
added to CC’s Licensing Statement for Content and Software Code [4]
which dedicates “the text of all of the notices and accompanying text on
the license pages” to the public domain using CC0. The key words here
are “on the license pages”. CC0 is not a license [5] so that quote,
unfortunately, doesn’t apply to CC0. Ugh.

With that in mind, I decided to still include attribution text for the
portions of CC0 that are (potentially) CC BY 4.0 licensed. It’s probably
not necessary, but I’d rather err on the side of caution.

[1]: <https://github.com/creativecommons/creativecommons.org/issues/1218#issuecomment-1212525987>
[2]: <creativecommons/creativecommons.org#1212>
[3]: <https://github.com/creativecommons/creativecommons.org/issues/1218>
[4]: <https://creativecommons.org/policies#licensing%20statement>
[5]: <https://creativecommons.org/faq/#how-do-cc-licenses-operate>
@cc-open-source-bot cc-open-source-bot added this to Pending Review in Backlog Oct 24, 2023
@TimidRobot TimidRobot moved this from Pending Review to Legal Tools in Backlog Nov 8, 2023
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💻 aspect: code Concerns the software code in the repository 🛠 goal: fix Bug fix 🟩 priority: low Low priority and doesn't need to be rushed 🔒 staff only Restricted to CC staff members 🏁 status: ready for work Ready for work
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@mindspillage @TimidRobot @Jayman2000 @sarahpearson @Neilblaze @ohneEigenschaften