On Wed, 2007-01-17 at 00:23 +0100, Peter Brink wrote:
> Mike Linksvayer wrote:
> >> On Mon, 2007-01-15 at 14:03 +0100, Peter Brink
wrote:
> >>> A derivative work must be the result of a
_creative act_ originating
> >>> from a human being. If a machine down- or
upsamples a work there is no
> >>> creative act involved, it's a just a
mechanical transformation. A
> >>> "thumbnail" is therefore a copy
and not a derivative work.
> >
> >> There is no such thing as
"upsampling" so this logic cannot apply to
> >> versions of a work at higher resolution than
offered.
>
> If you call it upsampling, downsampling or sidesampling
or whatever
> doesn't matter. A "work" must be the result
of a creative act - the same
> goes for derivative works. A mechanical transformation
is in itself not
> a creative act, the result of such a transformation is
a copy and not a
> derivative work. If I scan a picture and make two
versions available,
> one in low resolution and one in high resolution, those
two images are
> _copies_ of the _same work_.
I think you missed my point. It is impossible to recreate a
high
quality/bitrate/resolution work from a low
quality/bitrate/resolution
work, mechanically or otherwise. To do so would be more
than creative,
it would be godlike.
So how could offering a low quality version of a work under
a license
imply that a high quality version is also offered given
there is no
transformation, mechanical or otherwise, that can go from
the version
offered to the (higher quality) version not offered?
Just a defender of entropy (as if it needs defense!), not a
lawyer.
Mike
--
http://wiki.creativecommons.org/User:Mike_Linksvayer
_______________________________________________
cc-licenses mailing list
cc-licenses lists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/cc-licenses
|