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	<title>Comments on: TeleRead contributor Piotr Kowalczyk says: !!! I have a ghost publisher at Amazon, please help</title>
	<atom:link href="http://www.teleread.com/2010/02/22/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/</link>
	<description>News &#38; views on e-books, libraries, publishing and related topics</description>
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		<title>By: Piotr Kowalczyk</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158486</link>
		<dc:creator>Piotr Kowalczyk</dc:creator>
		<pubDate>Sat, 27 Feb 2010 10:54:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158486</guid>
		<description>Zoe, I think people with no moral compass don&#039;t care about whether it&#039;s CC or (C). What they do care about is consequences. 
If you&#039;re an indie, the most harm you can do is to remove their book AND (maybe) cancel their DTP account. Next minute they open another one.

BUT

If the same book is free to download and published with CC non commercial by Random House, the chances for pirate publishing are much smaller. A big publisher may want to give a public example. No SugarLandPress-like would want to be sued.</description>
		<content:encoded><![CDATA[<p>Zoe, I think people with no moral compass don&#8217;t care about whether it&#8217;s CC or (C). What they do care about is consequences.<br />
If you&#8217;re an indie, the most harm you can do is to remove their book AND (maybe) cancel their DTP account. Next minute they open another one.</p>
<p>BUT</p>
<p>If the same book is free to download and published with CC non commercial by Random House, the chances for pirate publishing are much smaller. A big publisher may want to give a public example. No SugarLandPress-like would want to be sued.</p>
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		<title>By: Zoe Winters</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158437</link>
		<dc:creator>Zoe Winters</dc:creator>
		<pubDate>Fri, 26 Feb 2010 18:13:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158437</guid>
		<description>Oh and also, if you were talking specifically about me and the unauthorized version of my work on Kindle, I actually DID have legal recourse to get the work removed and had it done both times it&#039;s happened to me. It&#039;s because I was specific about NON COMMERCIAL CC.  Amazon was legally obligated to remove the copyright infringed work and did so.  However, had I not had CC on it to begin with, I doubt this would have happened to me twice.

I should have listened to my gut instincts about CC to begin with.</description>
		<content:encoded><![CDATA[<p>Oh and also, if you were talking specifically about me and the unauthorized version of my work on Kindle, I actually DID have legal recourse to get the work removed and had it done both times it&#8217;s happened to me. It&#8217;s because I was specific about NON COMMERCIAL CC.  Amazon was legally obligated to remove the copyright infringed work and did so.  However, had I not had CC on it to begin with, I doubt this would have happened to me twice.</p>
<p>I should have listened to my gut instincts about CC to begin with.</p>
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		<title>By: Zoe Winters</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158436</link>
		<dc:creator>Zoe Winters</dc:creator>
		<pubDate>Fri, 26 Feb 2010 18:09:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158436</guid>
		<description>Yeah Cheryl, well when I first heard about CC and read about it, my instinct was &quot;only the really really smart people are going to get this the average person will think it means public domain.&quot;

I was trying to come up with a way to make it easy for people to distribute something I made free in PDF to others without feeling like they were &quot;pirating&quot; because the whole purpose of KEPT was to start building audience, the money part comes next. 

In future I won&#039;t do something like that again. I think CC could cause more harm ultimately than good over the long term. I think there are many ways to manipulate it and abuse it, which I won&#039;t mention here lest I give people with no moral compass ideas to screw me over with.</description>
		<content:encoded><![CDATA[<p>Yeah Cheryl, well when I first heard about CC and read about it, my instinct was &#8220;only the really really smart people are going to get this the average person will think it means public domain.&#8221;</p>
<p>I was trying to come up with a way to make it easy for people to distribute something I made free in PDF to others without feeling like they were &#8220;pirating&#8221; because the whole purpose of KEPT was to start building audience, the money part comes next. </p>
<p>In future I won&#8217;t do something like that again. I think CC could cause more harm ultimately than good over the long term. I think there are many ways to manipulate it and abuse it, which I won&#8217;t mention here lest I give people with no moral compass ideas to screw me over with.</p>
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		<title>By: Cheryl Anne Gardner</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158277</link>
		<dc:creator>Cheryl Anne Gardner</dc:creator>
		<pubDate>Thu, 25 Feb 2010 13:19:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158277</guid>
		<description>You were the author I was speaking of Zoe. I saw your blog post about what you were going through with your CC license, but I didn&#039;t want to speak on your behalf.

I think it&#039;s a bit of both, people deliberately stealing and people who just don&#039;t really understand that CC does not mean public domain.</description>
		<content:encoded><![CDATA[<p>You were the author I was speaking of Zoe. I saw your blog post about what you were going through with your CC license, but I didn&#8217;t want to speak on your behalf.</p>
<p>I think it&#8217;s a bit of both, people deliberately stealing and people who just don&#8217;t really understand that CC does not mean public domain.</p>
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		<title>By: Zoe Winters</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158232</link>
		<dc:creator>Zoe Winters</dc:creator>
		<pubDate>Wed, 24 Feb 2010 21:12:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158232</guid>
		<description>I originally released KEPT under Creative Commons, but I was CLEAR that it was a NON COMMERCIAL license and that no one could PROFIT off it.  However, because people are pathologically stupid I will never use CC again. It&#039;s just too much crap. I&#039;ve now had to have Amazon remove two unauthorized copies of KEPT from Amazon. And I wonder if I would have had that issue if someone hadn&#039;t either intentionally or unintentionally misunderstood the creative commons license I attached.</description>
		<content:encoded><![CDATA[<p>I originally released KEPT under Creative Commons, but I was CLEAR that it was a NON COMMERCIAL license and that no one could PROFIT off it.  However, because people are pathologically stupid I will never use CC again. It&#8217;s just too much crap. I&#8217;ve now had to have Amazon remove two unauthorized copies of KEPT from Amazon. And I wonder if I would have had that issue if someone hadn&#8217;t either intentionally or unintentionally misunderstood the creative commons license I attached.</p>
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		<title>By: Piotr Kowalczyk</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158188</link>
		<dc:creator>Piotr Kowalczyk</dc:creator>
		<pubDate>Wed, 24 Feb 2010 13:22:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158188</guid>
		<description>Cheryl, thanks for the your remark. I will send the documents to Amazon guys. You&#039;re right - if there is no reaction from authors&#039; side, CC-to-(C) &quot;publishers&quot; will emerge in high quatities.
And I think I&#039;ll use my creativity not only to leave a comment on their edition, but also something else.</description>
		<content:encoded><![CDATA[<p>Cheryl, thanks for the your remark. I will send the documents to Amazon guys. You&#8217;re right &#8211; if there is no reaction from authors&#8217; side, CC-to-(C) &#8220;publishers&#8221; will emerge in high quatities.<br />
And I think I&#8217;ll use my creativity not only to leave a comment on their edition, but also something else.</p>
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		<title>By: Cheryl Anne Gardner</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158187</link>
		<dc:creator>Cheryl Anne Gardner</dc:creator>
		<pubDate>Wed, 24 Feb 2010 13:09:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158187</guid>
		<description>I think you should go through the steps to have it removed. We as authors have to send a message that intellectual property theft and copyright theft is wrong. If nothing happens to this person and the book stays up, it sends the wrong message and makes authors look like we don&#039;t care if our work is stolen. If your work was under a CC license (attribution/non-commercial) then they have violated the license according to the law. If they have tried to highjack the copyright, that is also a violation. 

Just my opinion though. And I would definately leave a review on that unauthorized copy stating that you are the actual author and copyright owner and that despite what the matter page states, the product for sale was not authorized by you. I would also point them in the direction of the real copy.</description>
		<content:encoded><![CDATA[<p>I think you should go through the steps to have it removed. We as authors have to send a message that intellectual property theft and copyright theft is wrong. If nothing happens to this person and the book stays up, it sends the wrong message and makes authors look like we don&#8217;t care if our work is stolen. If your work was under a CC license (attribution/non-commercial) then they have violated the license according to the law. If they have tried to highjack the copyright, that is also a violation. </p>
<p>Just my opinion though. And I would definately leave a review on that unauthorized copy stating that you are the actual author and copyright owner and that despite what the matter page states, the product for sale was not authorized by you. I would also point them in the direction of the real copy.</p>
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		<title>By: Piotr Kowalczyk</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158182</link>
		<dc:creator>Piotr Kowalczyk</dc:creator>
		<pubDate>Wed, 24 Feb 2010 10:46:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158182</guid>
		<description>An update: I&#039;ve received an e-mail from Amazon with a list of things I have to write to prove my rights were infringed. Scary.
It&#039;ll take some time to prepare and send it. I just think what is more effective: trying to remove this book from Amazon or just ignoring it and save energy to bring readers to the books I&#039;ve published.</description>
		<content:encoded><![CDATA[<p>An update: I&#8217;ve received an e-mail from Amazon with a list of things I have to write to prove my rights were infringed. Scary.<br />
It&#8217;ll take some time to prepare and send it. I just think what is more effective: trying to remove this book from Amazon or just ignoring it and save energy to bring readers to the books I&#8217;ve published.</p>
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		<title>By: Cheryl Anne Gardner</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158122</link>
		<dc:creator>Cheryl Anne Gardner</dc:creator>
		<pubDate>Tue, 23 Feb 2010 14:15:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158122</guid>
		<description>Agreed Piotr and P.J. Lyons, 

In this case, it seems not like a misunderstanding of CC license law but deliberate theft of another&#039;s intellectual property rights. The fact that they blatantly made claim to the copyright by using the term &quot;all rights reserved&quot; which when it comes to a CC license, the author does lose the &quot;all rights&quot; clause, but the end user does not gain them. 

One might think that this person is stupid beyond belief, but the intentional subterfuge leads me to believe that they know what they are doing: theft. 

I think the Creative Commons has its palce in the world, I just think authors need to be careful with CC licensing and make sure they choose the right license. Some sites like Scribd default to a flat out CC (attribution only) license. It&#039;s a tricky multi-screen process, and eager writers might not notice what they have done until too late. Not to mention most readers are just as uneducated about CC licensing, and the ones that are know exactly what they can get away with. 

I know of another author this week who has two Kindle versions of her title out there: one is the original and the other is a reader who downloaded the free copy from Scribd and decided to sell it on Amazon. the author admitted that with the license she chose, there is nothing she can do about it beyond leaving a review stating that it is not the authorized version. She did gain readership from the free-share content, but the violation she feels and the lost of revenue on her own work is quite frustrating to deal with. I am sure that book is the last thing she will release with a CC license.</description>
		<content:encoded><![CDATA[<p>Agreed Piotr and P.J. Lyons, </p>
<p>In this case, it seems not like a misunderstanding of CC license law but deliberate theft of another&#8217;s intellectual property rights. The fact that they blatantly made claim to the copyright by using the term &#8220;all rights reserved&#8221; which when it comes to a CC license, the author does lose the &#8220;all rights&#8221; clause, but the end user does not gain them. </p>
<p>One might think that this person is stupid beyond belief, but the intentional subterfuge leads me to believe that they know what they are doing: theft. </p>
<p>I think the Creative Commons has its palce in the world, I just think authors need to be careful with CC licensing and make sure they choose the right license. Some sites like Scribd default to a flat out CC (attribution only) license. It&#8217;s a tricky multi-screen process, and eager writers might not notice what they have done until too late. Not to mention most readers are just as uneducated about CC licensing, and the ones that are know exactly what they can get away with. </p>
<p>I know of another author this week who has two Kindle versions of her title out there: one is the original and the other is a reader who downloaded the free copy from Scribd and decided to sell it on Amazon. the author admitted that with the license she chose, there is nothing she can do about it beyond leaving a review stating that it is not the authorized version. She did gain readership from the free-share content, but the violation she feels and the lost of revenue on her own work is quite frustrating to deal with. I am sure that book is the last thing she will release with a CC license.</p>
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		<title>By: Piotr Kowalczyk</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158090</link>
		<dc:creator>Piotr Kowalczyk</dc:creator>
		<pubDate>Tue, 23 Feb 2010 08:24:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158090</guid>
		<description>And here is a post with all the links and pictures » http://bit.ly/ceiHcr</description>
		<content:encoded><![CDATA[<p>And here is a post with all the links and pictures » <a href="http://bit.ly/ceiHcr" rel="nofollow">http://bit.ly/ceiHcr</a></p>
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		<title>By: Piotr Kowalczyk</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158089</link>
		<dc:creator>Piotr Kowalczyk</dc:creator>
		<pubDate>Tue, 23 Feb 2010 08:12:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158089</guid>
		<description>@Cheryl @Marilynn @Mick thanks a lot for the tips and links. I&#039;ll come back and write a comment about how this case is resolved.</description>
		<content:encoded><![CDATA[<p>@Cheryl @Marilynn @Mick thanks a lot for the tips and links. I&#8217;ll come back and write a comment about how this case is resolved.</p>
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		<title>By: Piotr Kowalczyk</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158088</link>
		<dc:creator>Piotr Kowalczyk</dc:creator>
		<pubDate>Tue, 23 Feb 2010 08:08:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158088</guid>
		<description>@PJ Lyon
I&#039;m OK with CC - as long as it&#039;s your fans who embrace, mix and share your work. I&#039;m OK if they don&#039;t use it properly. There is still lot of work to educate people of how to use the licensed work.

But this case is different. This time we&#039;ve got somebody, who is on purpose changing the license from CC to (C) - to be perceived as a serious publisher. So they take CC work (that&#039;s OK) and change rules (tha&#039;s not OK).

What really bothers me is this attitude &quot;how to cheat everybody&quot;. If anyone says &quot;hey, you&#039;re not allowed to do this&quot;, they&#039;ll respond &quot;but this is CC and we didn&#039;t know&quot;. They want to cheat also with this:

“You should assume that the author and publisher have an affiliate relationship and/or another material connection to the providers of goods and services mentioned in this report and may be compensated when you purchase from a provider.”
Oh, those guys make their own rules, based on an assumption, that and author MAY want to link to their book as an affiliate (otherwise this doesn&#039;t make any sense). So they feel fully justified to do what they do: they create a possibility for an author to sell his book. He should be grateful for it! Insane.</description>
		<content:encoded><![CDATA[<p>@PJ Lyon<br />
I&#8217;m OK with CC &#8211; as long as it&#8217;s your fans who embrace, mix and share your work. I&#8217;m OK if they don&#8217;t use it properly. There is still lot of work to educate people of how to use the licensed work.</p>
<p>But this case is different. This time we&#8217;ve got somebody, who is on purpose changing the license from CC to (C) &#8211; to be perceived as a serious publisher. So they take CC work (that&#8217;s OK) and change rules (tha&#8217;s not OK).</p>
<p>What really bothers me is this attitude &#8220;how to cheat everybody&#8221;. If anyone says &#8220;hey, you&#8217;re not allowed to do this&#8221;, they&#8217;ll respond &#8220;but this is CC and we didn&#8217;t know&#8221;. They want to cheat also with this:</p>
<p>“You should assume that the author and publisher have an affiliate relationship and/or another material connection to the providers of goods and services mentioned in this report and may be compensated when you purchase from a provider.”<br />
Oh, those guys make their own rules, based on an assumption, that and author MAY want to link to their book as an affiliate (otherwise this doesn&#8217;t make any sense). So they feel fully justified to do what they do: they create a possibility for an author to sell his book. He should be grateful for it! Insane.</p>
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		<title>By: Cheryl Anne Gardner</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158039</link>
		<dc:creator>Cheryl Anne Gardner</dc:creator>
		<pubDate>Mon, 22 Feb 2010 20:20:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158039</guid>
		<description>One last note: I remember researching Feedbooks for a blog post last year, if my memory serves me, and decided not to list my work with them because of a oddly worded clause in their terms iof service, which states: 4. Intellectual Property Rights
FeedBooks being registered in France, the content of the Website is subject to the French legislation on copyrights and other intellectual property rights. However, the electronic books offered for reading are free from copyrights as, in accordance with the legislation of France, the said books fall in the public domain.
--
The wording here gives the impression that all the electronic books listed on their site are in the public domain. So it also may not be a matter of a CC license, it could be that an end user misunderstood the terms of service. Either way, I would check it and pursue all avenues. Make sure your Copyright is set properly on every site you have your book listed.</description>
		<content:encoded><![CDATA[<p>One last note: I remember researching Feedbooks for a blog post last year, if my memory serves me, and decided not to list my work with them because of a oddly worded clause in their terms iof service, which states: 4. Intellectual Property Rights<br />
FeedBooks being registered in France, the content of the Website is subject to the French legislation on copyrights and other intellectual property rights. However, the electronic books offered for reading are free from copyrights as, in accordance with the legislation of France, the said books fall in the public domain.<br />
&#8211;<br />
The wording here gives the impression that all the electronic books listed on their site are in the public domain. So it also may not be a matter of a CC license, it could be that an end user misunderstood the terms of service. Either way, I would check it and pursue all avenues. Make sure your Copyright is set properly on every site you have your book listed.</p>
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		<title>By: P.J. Lyon</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158038</link>
		<dc:creator>P.J. Lyon</dc:creator>
		<pubDate>Mon, 22 Feb 2010 20:09:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158038</guid>
		<description>Maybe it&#039;s time to re-evaluate the usefulness of CC licensing?  If CC doesn&#039;t replace original copyright, then it is at best a formalised plea for basic human goodwill, at worst, a meaningless jumble of pseudo lawyer-speak and has no relevance at all.</description>
		<content:encoded><![CDATA[<p>Maybe it&#8217;s time to re-evaluate the usefulness of CC licensing?  If CC doesn&#8217;t replace original copyright, then it is at best a formalised plea for basic human goodwill, at worst, a meaningless jumble of pseudo lawyer-speak and has no relevance at all.</p>
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		<title>By: Cheryl Anne Gardner</title>
		<link>http://www.teleread.com/paul-biba/teleread-contributor-piotr-kowalczyk-says-i-have-a-ghost-publisher-at-amazon-please-help/comment-page-1/#comment-1158036</link>
		<dc:creator>Cheryl Anne Gardner</dc:creator>
		<pubDate>Mon, 22 Feb 2010 19:59:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.teleread.org/?p=38648#comment-1158036</guid>
		<description>You are so welcome. I see a lot of authors struggle with this, especially when they don&#039;t know they site they use to publish is a CC site. 

Walt Gordon Jones explains everything nicely on his site in simple terms, and he has some suggestions for attacking the issue you have at present. You are still the legal copyright owner. CC doesn&#039;t replace that. Good luck. Drop me a line and let me know what happened.  

http://waltgordonjones.com/104/some-rights-reserved-a-creative-commons-survival-guide</description>
		<content:encoded><![CDATA[<p>You are so welcome. I see a lot of authors struggle with this, especially when they don&#8217;t know they site they use to publish is a CC site. </p>
<p>Walt Gordon Jones explains everything nicely on his site in simple terms, and he has some suggestions for attacking the issue you have at present. You are still the legal copyright owner. CC doesn&#8217;t replace that. Good luck. Drop me a line and let me know what happened.  </p>
<p><a href="http://waltgordonjones.com/104/some-rights-reserved-a-creative-commons-survival-guide" rel="nofollow">http://waltgordonjones.com/104/some-rights-reserved-a-creative-commons-survival-guide</a></p>
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