Creative Commons License Upheld by Dutch Court

Posted by ryuzaki0 on Friday March 17, 2006 @05:24AM from the go-cc-go-cc-go dept.

musicon writes "As seen on Groklaw, a recent court decision upheld the the Creative Commons license in the Netherlands: 'The Creative Commons licenses are quite new, so there has been very little in the way of case law so far, so this is a significant development. The ruling rejected a 'the license wasn't clear' defense, particularly for sophisticated entities, and it upheld the license as binding without the licensee having to agree or even to have knowledge of the terms of the license.' You can read successful plaintiff Adam Curry's blog on the ruling too."

1 of 121 comments (clear)

Min score:

Reason:

Sort:

That is misleading by Anonymous Coward · 2006-03-17 05:36 · Score: 5, Interesting

It is misleading to say that the license is binding without the licensee knowing or accepting it. The license isn't actually binding if the licensee doesn't accept it, but then copyright kicks in and the non-licensee has even fewer rights, so either way the (non-)licensee is in violation (of the law or the license). You can't however enforce a license that the other party hasn't agreed to.