IconFind, Inc. v. Google, Inc.

Filing 97

[DISREGARD - Attorney to Re-File per Judge's Request] BRIEF Opening Claim Construction Brief by Google, Inc.. (Attachments: # 1 Declaration Kenneth Maikish Declaration, # 2 Exhibit 1 to Maikish Declaration, # 3 Exhibit 2 to Maikish Declaration, # 4 Exhibit 3 to Maikish Declaration, # 5 Exhibit 4 to Maikish Declaration, # 6 Exhibit 5 to Maikish Declaration, # 7 Exhibit 6 to Maikish Declaration, # 8 Exhibit 7 to Maikish Declaration, # 9 Exhibit 8 to Maikish Declaration, # 10 Exhibit 9 to Maikish Declaration, # 11 Exhibit 10 to Maikish Declaration, # 12 Exhibit 11 to Maikish Declaration, # 13 Exhibit 12 to Maikish Declaration, # 14 Exhibit 13 to Maikish Declaration, # 15 Exhibit 14 to Maikish Declaration)(Maikish, Kenneth) Modified on 5/22/2012 (Michel, G).

EXHIBIT 10

About The Licenses - Creative Commons

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About The Licenses
What our licenses do
The Creative Commons copyright licenses and tools forge a balance inside the traditional “all rights
reserved” setting that copyright law creates. Our tools give everyone from individual creators to large
companies and institutions a simple, standardized way to grant copyright permissions to their
creative work. The combination of our tools and our users is a vast and growing digital commons
(http://creativecommons.org/videos/a-shared-culture), a pool of content that can be copied,
distributed, edited, remixed, and built upon (http://creativecommons.org/videos/wanna-worktogether), all within the boundaries of copyright law.

License design and rationale
All Creative Commons licenses have many important features in common.
Every license helps creators — we call them licensors if they use our tools —
retain copyright while allowing others to copy, distribute, and make some uses
of their work — at least non-commercially. Every Creative Commons license
also ensures licensors get the credit for their work they deserve. Every Creative
Commons license works around the world and lasts as long as applicable
copyright lasts (because they are built on copyright). These common features
serve as the baseline, on top of which licensors can choose to grant additional
permissions when deciding how they want their work to be used.

Our licenses do not affect freedoms that the law grants to users of creative
works otherwise protected by copyright, such as exceptions and limitations to
copyright law like fair dealing. Creative Commons licenses require licensees to
get permission to do any of the things with a work that the law reserves
exclusively to a licensor and that the license does not expressly allow.
Licensees must credit the licensor, keep copyright notices intact on all copies of
the work, and link to the license from copies of the work. Licensees cannot use
technological measures to restrict access to the work by others.
Try out our simple License Chooser (http://creativecommons.org/choose).

A Creative Commons licensor answers a few simple questions on the path to
choosing a license — first, do I want to allow commercial use or not, and then
second, do I want to allow derivative works or not? If a licensor decides to allow
derivative works, she may also choose to require that anyone who uses the
work — we call them licensees — to make that new work available under the
same license terms. We call this idea “ShareAlike” and it is one of the
mechanisms that (if chosen) helps the digital commons grow over time.
ShareAlike is inspired by the GNU General Public License, used by many free
and open source software projects.

Three “Layers” Of Licenses
Our public copyright licenses incorporate a unique and innovative “three-layer” design. Each license
begins as a traditional legal tool, in the kind of language and text formats that most lawyers know
and love. We call this the Legal Code layer of each license.
But since most creators, educators, and scientists are not in fact lawyers, we also make the licenses
available in a format that normal people can read — the Commons Deed (also known as the “human
readable” version of the license). The Commons Deed is a handy reference for licensors and
licensees, summarizing and expressing some of the most important terms and conditions. Think of
the Commons Deed as a user-friendly interface to the Legal Code beneath, although the Deed itself
is not a license, and its contents are not part of the Legal Code itself.
The final layer of the license design recognizes that software, from search engines to office
productivity to music editing, plays an enormous role in the creation, copying, discovery, and
distribution of works. In order to make it easy for the Web to know when a work is available under a
Creative Commons license, we provide a “machine readable” version of the license — a summary of
the key freedoms and obligations written into a format that software systems, search engines, and
other kinds of technology can understand. We developed a standardized way to describe licenses
that software can understand called CC Rights Expression Language
(http://wiki.creativecommons.org/Ccrel) (CC REL) to accomplish this.
Searching for open content is an important function enabled by our approach. You can use Google
(http://www.google.com/support/websearch/bin/answer.py?&answer=29508&hl=) to search for
Creative Commons content, look for pictures at Flickr (http://www.flickr.com/creativecommons/),
albums at Jamendo (http://www.jamendo.com/en/creativecommons), and general media at
spinxpress (http://spinxpress.com/). The Wikimedia Commons
(http://commons.wikimedia.org/wiki/Main_Page), the multimedia repository of Wikipedia
(http://wikipedia.org), is a core user of our licenses as well.
Taken together, these three layers of licenses ensure that the spectrum of rights isn’t just a legal
concept. It’s something that the creators of works can understand, their users can understand, and
even the Web itself can understand.

http://creativecommons.org/licenses/

5/15/2012

About The Licenses - Creative Commons

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The Licenses
Attribution
CC BY

Attribution-ShareAlike
CC BY-SA

This license lets others distribute, remix, tweak, and build
upon your work, even commercially, as long as they credit
you for the original creation. This is the most
accommodating of licenses offered. Recommended for
maximum dissemination and use of licensed materials.

This license lets others remix, tweak, and build upon your
work even for commercial purposes, as long as they credit
you and license their new creations under the identical
terms. This license is often compared to “copyleft” free and
open source software licenses. All new works based on
yours will carry the same license, so any derivatives will
also allow commercial use. This is the license used by
Wikipedia, and is recommended for materials that would
benefit from incorporating content from Wikipedia and
similarly licensed projects.

View License Deed
(http://creativecommons.org/licenses/by/3.0) | View Legal
Code
(http://creativecommons.org/licenses/by/3.0/legalcode)

View License Deed
(http://creativecommons.org/licenses/by-sa/3.0) | View
Legal Code (http://creativecommons.org/licenses/bysa/3.0/legalcode)
Attribution-NoDerivs
CC BY-ND

Attribution-NonCommercial
CC BY-NC

This license allows for redistribution, commercial and noncommercial, as long as it is passed along unchanged and
in whole, with credit to you.

This license lets others remix, tweak, and build upon your
work non-commercially, and although their new works
must also acknowledge you and be non-commercial, they
don’t have to license their derivative works on the same
terms.

View License Deed
(http://creativecommons.org/licenses/by-nd/3.0) | View
Legal Code (http://creativecommons.org/licenses/bynd/3.0/legalcode)

View License Deed
(http://creativecommons.org/licenses/by-nc/3.0) | View
Legal Code (http://creativecommons.org/licenses/bync/3.0/legalcode)

Attribution-NonCommercial-ShareAlike
CC BY-NC-SA

Attribution-NonCommercial-NoDerivs
CC BY-NC-ND

This license lets others remix, tweak, and build upon your
work non-commercially, as long as they credit you and
license their new creations under the identical terms.

This license is the most restrictive of our six main licenses,
only allowing others to download your works and share
them with others as long as they credit you, but they can’t
change them in any way or use them commercially.

View License Deed
(http://creativecommons.org/licenses/by-nc-sa/3.0) | View
Legal Code (http://creativecommons.org/licenses/by-ncsa/3.0/legalcode)

View License Deed
(http://creativecommons.org/licenses/by-nc-nd/3.0) | View
Legal Code (http://creativecommons.org/licenses/by-ncnd/3.0/legalcode)

We also provide tools that work in the “all rights granted” space of the public domain (http://wiki.creativecommons.org/Public_domain). Our CC0 tool
(http://creativecommons.org/about/cc0) allows licensors to waive all rights and place a work in the public domain, and our Public Domain Mark
(http://creativecommons.org/about/pdm) allows any web user to “mark” a work as being in the public domain.
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5/15/2012