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1. musicman (musicman@nu.federati.net)'s status on Wednesday, 16-Jan-2019 10:07:14 EST musicman
   norms are likely important in determining a case, but until some gets sued for it, very difficult to know where the line is. Of course, if there is a lawsuit, and the CC community doesn't like the way it turns out, they can come out with 5.0 or 4.1 or whatever to address the issue.
   1. Strypey (strypey@mastodon.nzoss.nz)'s status on Wednesday, 16-Jan-2019 11:25:53 EST Strypey

      in reply to

      @musicman @cwebber
      Hmm, OK. As I mentioned in a couple of posts, #IANAL. I must have misread or misremembered a press release or something, from around the time the 4.0 licenses were released. I'm a bit concerned by this, as the whole point of #CC licenses is to give people certainty about what they can and can't do with a work, without having to check with the creator. Having to see what happens in court is exactly the opposite of how it's meant to work.

      1. musicman (musicman@nu.federati.net)'s status on Wednesday, 16-Jan-2019 11:48:34 EST musicman

         in reply to
         The fact that there haven't been a lot of suits suggests CC is working great.
         
         As for clarity without a court ruling, that's just not how contracts work in a common law country. Even if there was a case, in say California, it would have little relevance to how a court would interpret in say, Alabama.
         
         It's different in civil law countries, and probably different in other common law countries. The US has so many districts, it's hard to know.
         
         We aren't completely without case law, of course. There's the Verizon case, for one.
         1. Strypey (strypey@mastodon.nzoss.nz)'s status on Wednesday, 16-Jan-2019 12:25:32 EST Strypey

            in reply to

            @musicman all fair points. As well as being "not a lawyer", I'm not from the US. Where I come from, central government can just say "we don't recognize software patents" in an Act, and voila! Plus, you can't "sue" people in NZ, and the body of legislation and case law is presumably much smaller than in older states, especially with federal systems. I suspect it's much easier to write a license with (fairly) predictable legal results in NZ courts. But again IANAL ...

            1. musicman (musicman@nu.federati.net)'s status on Wednesday, 16-Jan-2019 12:44:16 EST musicman

               in reply to
               if the US Congress was capable of anything, they could do that too.
               
               New Zealand is a common law country too, but leaving things to the courts is largely tradition in any common law country...a tradition some countries keep more than others.