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The Creative Commons license has been upheld in the Netherlands. Adam Curry (a celebrity out there) posted some pictures on FlickR and used the Creative Commons NonCommercial Attribution sharealike license. The same license in fact under which all graphics on this page are licensed. A magazine company basically found the pictures and published them. Their defence was that they were misled by the words this picture is public underneath it. However the Judge ruled that a professional Organisation such as Audax should have known to look further to ensure that they had permission to distribute the images. Mr
Curry however did not prevail on his accusations of the magazine
putting his 15 year old daughter at risk, it would appear the Judge was
of the opinion that Christina Curry didn't come to any harm, so where
is the damage? Personally I think that is a little narrow minded when
on considers that if the information published in the magazine
(Address, Adress of school, how she gets to school etc.) was to be
published on the internet, it wouldn't just be people in Holland that
know these details. So whilst the fact that the Curry family live in
the US, does lend some protection, if that information becomes public
that could cause some major problems.
With Regards to the Creative Commons License, the Judge ruled that
the Magazine should have looked further into the license, but as Mr
Curry was essentially giving the photos away for free on the internet,
they had very little commercial value. So she did not in fact award
damages for the photos already posted, although the company has had to
remove them from their website. If the company infringes on this
license again they will be fined $1200 per photo. To me this seems
outrageous, most celebrity magazines would happily pay more than that
for juicy pics anyway. Having said that, another Judge may be far less
leniant on them anyway. The main point is that the Creative Commons
License has been shown to be legally upholdable, and sets a legal
precedent. Adam Curry may not have got financial damages awarded to
him, but frankly I don't think it was ever about the money.
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All works in this site are licensed
under a Creative
Commons Attribution-NonCommercial-ShareAlike2.5
License, and are copyright to me, Ben Tasker, or their respective
owners. Unless otherwise stated