[CC-czech] Lawyers at the cc-czech team

Michelle Thorne michelle at creativecommons.org
Wed Apr 23 15:17:01 BST 2008


Dear Marek,

Thank you very much for your friendly and helpful reply, and please accept
my apologies for being somewhat delayed in my response. I have been
traveling over the last few days in Poland and am now back fully on
schedule.

I have finished preparing a draft of the MOU for CC Czech, which you may
please find attached. As it stands, I have referred to all relevant signing
parties, for the purpose of this documents, as "Affiliates" (Iuridicum
Remedium, National Library of the Czech, Independent Authors Alliance, and
New Media Studies of the Faculty of Philosophy & Arts, Charles University).

In the 1) paragraph, however, there is a slightly unclear sentence, which I
would kindly ask for your input on. The section currently reads:

(1)    CC and Affiliates agree to collaborate on the Project in the Czech
Republic. As part of that collaboration, Affiliates will act as the primary
"[Legal/Public] Project Lead" in the Czech Republic with the assistance of
CC as and when appropriate. The parties agree to conduct the collaboration
subject to the terms of this MOU and any and all then current policies
released by CC, including without limitation any new policies developed by
CC at a later date ("Policies").

However, I would like to phrase this section to better describe the
collaborative arrangement for the legal work within CC Czech. If none of the
signing parties object, we could rephrase the section as follows, or in a
different manner that you would prefer:

(1)    CC and Affiliates agree to collaborate on the Project in the Czech
Republic. As part of that collaboration, *Affiliates agree that Iuridicum
Remedium will act as the primary "Legal Project Lead" in the Czech Republic
with the assistance of CC as and when appropriate.* The parties agree to
conduct the collaboration subject to the terms of this MOU and any and all
then current policies released by CC, including without limitation any new
policies developed by CC at a later date ("Policies").

I very much look forward to hearing your thoughts on this matter.

Best regards,

Michelle

On Thu, Apr 17, 2008 at 4:37 PM, Marek Tichy <marek at gn.apc.org> wrote:

> Dear Michelle,
>
>  I am in the final stages of preparing the MOU, and for one last
> > clarification, you mentioned in a previous mail that lu Re, the proposed
> > Legal Lead, comprises of several lawyers familiar with various IT, civil
> > rights, and privacy laws. To confirm, these lawyers will be the legal
> > consultants for the license porting in Czech? Some jurisdiction who oversee
> > the role of Legal Lead are in fact working in collaboration with outside law
> > firms/faculties, and just for our records, we are curious as to the exact
> > arrangement of legal expertise for CC Czech.
> >
> I believe we will not need any external consultancy since Helena Svatosova
> from IuRe is an experienced lawyer,  another lawyer is Katerina Slusna who
> besides doing her PhD at the New Media Studies runs her own law firm, and
> Petr Jansa, who should graduate soon on Faculty of Law with his master
> thesis on CC.
> Moreover, the necessary amendment to the related laws has been already
> made back in 2006 in order to allow public licensing, so the legal framework
> exists already.
>
>
> Best
> Marek
>



-- 
----------------------------------------------
Michelle Thorne
Creative Commons International
Gipsstrasse 12
10119 Berlin
Germany
Phone: +49.30.28 09 69 41
Fax: +49.30.28 09 39 10
Email: michelle at creativecommons.org
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