is there a Creative Commons way to ask for forgiveness instead of permission?

A striking thing about the thru-you / Kutiman mashups of YouTube music is that Creative Commons isn’t part of the picture. You’d expect the sources to have been all or mainly under permissive licenses that allowed derivatives to be made, but it’s not so. The final product is just simply unauthorized in a way that suggests “whatever” or “big whoop.”

Maybe the physics of online music are 100% different than the physics of source code, and that’s why the patterns which worked so well for free and open source software seem to be irrelevant.