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Saturday, December 28, 2002

O Joy, O Rapture, O eCourt Records

Roger Winters, Electronic Court Records Manager for the King County Superior Court Clerk's Office (Seattle), writes the Electronic Court Records Blog. [via Rory Perry] In California, the Judicial Council's Reporting of the Record Task Force is busy examining, among other things, how best to produce a useful electronic record on appeal. Here's a related press release and the Task Force member roster.

Legible When Wet

Scientific American's Top Science Stories of the year somehow fails to make mention of waterproof Durabooks from Melcher Media (perfect for the bath). Wired News, though, takes the plunge.

Friday, December 27, 2002

Heckuva Commute

I keep hearing around the edges that Justice Sandra Day O'Connor and Carly Fiorina are shortlisted as the possible first female members of Augusta National. [see, e.g., Sportspages.com and USA Today] USA Today's Augusta members list is here.

Conversant

Larry Lessig discusses the "RSS/content puzzle" pertinent to Creative Commons licenses, as well as revocability.

Yux

Scoble cracks me up. So, for that matter, does Glenn Reynolds (in Tech Central Station: "... and the term 'correspondent' may go back to its original meaning of 'one who corresponds' rather than 'high-paid face with good hair.'") Speaking of which: Trifle Of Unusual Size (TOUS) Terrorizes UK...

Thursday, December 26, 2002

Holiday Presence

"Just in time for the new year, we're pleased to announce the new Creative Commons Weblog and associated RSS feed." [via the Creative Commons Weblog]

Tuesday, December 24, 2002

Peace

Balboa Pavillion ~...and to all a good night~

Licentious

Larry Staton, Jr. dedicates his blog to the public domain via Creative Commons (if memory serves, Larry used to use the Berkman Center's Counter-Copyright notice). The Berkman Center Commons highlights works by Berkman-associated folks that are licensed through Creative Commons. Berkman's OPENCODE -- House Of Licenses provides context.

Monday, December 23, 2002

Open Sesame

Glenn Otis Brown (Executive Director, Creative Commons), to the Boston Globe: "If you're clever about how you leverage your rights, you can cash in on openness.'' More, in the article. Back on July 10 of this year, Glenn gave an informative talk at my firm about Creative Commons. I blogged it, if you are interested in taking a look. [Update:] On going back and re-reading my notes of Glenn's talk, I see I mentioned the fact that various of my colleagues at the firm volunteered to provide feedback on the licenses during the review process, and that I thought I would do that myself. As it turned out, I got busy with other matters and did not wind up participating in the comment process beyond some emailed questions which are mentioned in and linked from my notes of Glenn's presentation.

Sunday, December 22, 2002

Once More Into The Metadata

Any of the lawyers out there wondering in response to my last couple of posts whether the Creative Commons licenses have an integration clause, and what it might provide? They do; et viola:
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You [the licensee]. This License may not be modified without the mutual written agreement of the Licensor and You.
For the nonlawyers, this goes along with my thought that "invisible," or primarily/solely machine readable, information about a license probably would not play much (if any) role at present in an analysis of the license's formation. However, as a licensor I certainly would insist that any such information be consistent with my intent concerning the operation of the license. Even if the terms of the license might not be "modified" by the metadata or XML/RSS, it is not difficult to imagine a court considering the additional -- "parol," as we sometimes say in the lawgosphere -- information to help interpret a term of the license it might find ambiguous. (An ambiguity could arise about what "work" the license covers, for example.) Shelley Powers and Shawn Dodd posted some interesting related thoughts today.

Creative Commons LicenseUnless otherwise expressly stated, all original material of whatever nature created by Denise M. Howell and included in the Bag and Baggage weblog and any related pages, including the weblog's archives, is licensed under a Creative Commons License.