Why?

These rants cover the issues pretty well

http://thispicturesucks.wordpress.com/2009/04/09/creative-co...

http://thispicturesucks.wordpress.com/2009/07/13/creative-co...

http://www.powazek.com/2004/02/000372.html

I guess I was simplifying the issue too much. It could work with adjustments, but I think one of them might be a license modifier for "but contact me first", and due to the reasons you've presented, maybe that should even be a default. That doesn't really remove the friction we have now, and is probably too restrictive.

We need something more granular that people can use, and I'm not at all convinced that exists. Hmm.

> a license modifier for "but contact me first", and due to the reasons you've presented, maybe that should even be a default

now it's the same as "all rights reserved. [email protected]", and it is the current default.

Couldn't the pool article and the nazi newsletter be considered derivative works? If so one could use a ND clause for the license.

if they drew her a mustache or painted the sperm, then it would be derivative.

Correct - it's not a derivative showing it alongside an article. Derivative refers to making a change to the work itself to create a new work.

Because waaaaaaah!