Um, no. The enforceability about third parties discussed in this paper is about following situation:
1. A released the work under CC
2. A then transfer his economic rights of the work to B
3. then C used the CC licensed work in 1.
Under Taiwan's law, if we treat CC as traditional license then C has the right to use the work due to 1., but if we treat CC as contract then C can not invoke CC in 1. to claim usage rights from B. The author then proceed to argue that in the contract case, base on (1) If the type of use is unspecified, we should consider original intention (2) Principle of abuse of rights. Either B can only seek compensation from A by (1) or the transfer is invalid by (2).
1. A released the work under CC 2. A then transfer his economic rights of the work to B 3. then C used the CC licensed work in 1.
Under Taiwan's law, if we treat CC as traditional license then C has the right to use the work due to 1., but if we treat CC as contract then C can not invoke CC in 1. to claim usage rights from B. The author then proceed to argue that in the contract case, base on (1) If the type of use is unspecified, we should consider original intention (2) Principle of abuse of rights. Either B can only seek compensation from A by (1) or the transfer is invalid by (2).