Re: whichwayisup: CC-v3.0 licenses do not meet the DFSG (original) (raw)

[...] | e. For the avoidance of doubt: | | i. Non-waivable Compulsory License Schemes. In those | jurisdictions in which the right to collect royalties through | any statutory or compulsory licensing scheme cannot be | waived, the Licensor reserves the exclusive right to collect | such royalties for any exercise by You of the rights granted | under this License;

This is worrying, IMHO. DFSG#1 states, in part: "The license may not require a royalty or other fee". Hence I would say that a license where the Licensor reserves the exclusive right to collect royalties does not meet DFSG#1. On the other hand, in a jurisdiction in which royalty collection rights cannot be waived, this issue seems to be unavoidable... How can that be worked around? Is this clause a legal no-op? But is this a freeness issue anyway? How do we deal with jurisdictions where granting some of the permissions required by the DFSG is impossible?