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fwd od aymerica http://www.rue89.com/2010/11/25/houellebecq-gratuit-sur-le-net-flammarion-va-attaquer-177707 (francuzsky) here is a quick sum-up Houellebecq is a popular French writer who recently got the "prix Goncourt" for a work that contains small chunks of wikipedia, which is BY-SA. A lawyer then, decided to put the whole book online with a BY-SA license claiming that the SA content of Wikipedia makes the book from Houellebecq a derivative work, hence inheriting the BY-SA CC license. Everyone cheered, the viral aspect of the license (same mechanism as the copyleft principle in the GPL) won over the evil proprietary capitalistic machine and all the plagiarists. People danced, tweeted, drank and danced all over the world on giant rainbows. After being quiet for a couple of weeks now the publisher, Flammarion is striking back, there are several loopholes in this claim and they are now suing all the bloggers who wrote about that while redistributing the work as CC-BY-SA. Even other open source lawyers are confirming those issues: - it was not a derivate work but an "inspiration", hence the author escapes from the license rules because he is producing a work that would be "original", meaning a certain effort has been put to transform the work so it goes beyond the basic copying/editing. - forcing an author to choose a license is against the "droit d'auteur" - if someone can complain, only the authors of the original texts can do it. |
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