November 28, 2007 · Lessig
We received this happy missive in the mail yesterday: The plaintiffs in the lawsuit about Virgin using a CC-licensed photo have dismissed CC from the case. This is not a settlement. It is not the product of negotiation. It is the recognition by plaintiffs counsel that the laws of Texas and the United States give the plaintiffs no cause to sue Creative Commons.
As I said when I announced the lawsuit here, the fact that the laws of the United States don’t make us liable for the misuse in this context doesn’t mean that we’re not working extremely hard to make sure misuse doesn’t happen. It is always a problem (even if not a legal problem) when someone doesn’t understand what our licenses do, or how they work. We need to work harder to make that clear. But the news today lets us go back to the work of Creative Commons, without the burden of this lawsuit hanging above us.
So how can you celebrate with us? Well, help us recover some of the costs (probably $15k) that we have to eat because of this suit (deductibles with our insurance company, etc) by supporting CC. Or help us by joining as just a friend of CC. Or help us by spreading the news that the lawsuit is over.
And as one final word to the plaintiffs here — a word I can utter because neither required nor asked: As CEO of Creative Commons, I apologize for any trouble that confusion about our licenses might have created. We thought the meaning was clear. We work hard to make this as clear as we can. We will work harder.