CSS Zen Garden curator Dave Shea posted today about an unfortunate struggle with someone who, in his own words, has been "using the [Zen Garden] designs wholesale (graphics and all)" and who "continues to grow more belligerent with each new e-mail." Keith Robinson asks: "Whatever happened to professional pride and the desire to do what's right?" Obviously, Dave's pest lacks these qualities. But what he's doing, despite Dave's protests, is wholly protected by the Zen Garden's Creative Commons Attribution-ShareAlike license. The license is unambiguous in allowing artists to reproduce a work provided attribution is given.
We're not commenting on Dave's situation to choose sides. We'd merely like to bring focus to two important aspects of Creative Commons licenses we've given thought to in the past and that have come up as a result of the discussion at mezzoblue. (Keep in mind that we're not lawyers. What follows should not in any way be taken as legal advice.)
Creative Commons licenses are inclusive. Additional provisions are irrelevant. From the Attribution-ShareAlike 1.0 license, section 8e:
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. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons licenses are perpetual, irrevocable. From the Attribution-ShareAlike 1.0 license, section 7b:
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work).
In other words: A license from Creative Commons is final and forever.
This isn't the first time someone has found problems with a Creative Commons license after using it; Jacques Distler called it quits after Dan Bricklin pointed out liability issues. These cases underscore the need to fully understand a license before using it. It's fruitless to complain later about use for which you've explicitly granted permission.