Hello! Here the last update of the Open Knowledge Festival (Sept. 17th –
22nd 2012, Helsinki) in case it did not arrive to some people in this list
and/or to ask please to help to spread it. Cheers! Mayo
OPEN KNOWLEDGE FESTIVAL (September 17th – 22nd, Helsinki) The event of the
year to build a free and open movement/society http://okfn.org/
New to OKFestival? We are delighted to invite you to this year’s event in
Helsinki, Finland – a series of hands-on workshops, talks, hackathons,
meetings and sprints organised by a wide range of open knowledge
communities around the globe. OKFestival 2012 combines the themes of our
annual Open Government Data Camp (OGDCamp) (
http://okfestival.org/open-government-data-camp/) and Open Knowledge
Conference (OKCon) (http://okfestival.org/open-knowledge-conference/) into
a week of action and inspiration organised by the Open Knowledge
Foundation, the Finnish Institute in London, Aalto Media Factory along with
hundreds of Guest Programme Planners. With over 400 tickets already
reserved by participants from more than 40 nations, OKFestival is the one
of the world’s largest open knowledge events to date – and we want you to
join us.
FESTIVAL PROGRAMMING
The 2012 theme of OKFestival is Open Knowledge in Action, looking at the
value that can be generated by opening up knowledge, the ecosystems of
organisations that can benefit from this, and the impacts that transparency
can have in our societies.
This year’s schedule (http://okfestival.org/schedule/) is diverse, with
over 13 guest-planned Topic Streams:
* Open Democracy and Citizen Movements
http://okfestival.org/open-democracy-and-citizen-movements/
* Transparency and Accountability
http://okfestival.org/transparency-and-accountability/
* Open Cities http://okfestival.org/opencities/
* Open Design, Hardware, Manufacturing and Making
http://okfestival.org/open-design/
* Open Cultural Heritage http://okfestival.org/open-cultural-heritage/
* Open Development http://okfestival.org/open-development/
* Open Research and Education
http://okfestival.org/open-research-and-education/
* Open Geodata http://okfestival.org/open-geodata/
* Open Source Software http://okfestival.org/open-source-software/
* Data Journalism and Data Visualization
http://okfestival.org/data-journalism-and-visualisation/
* Gender and Diversity in Openness
http://okfestival.org/gender-and-diversity/
* Business and Open Data http://okfestival.org/business-and-data/
* Open Knowledge and Sustainability
http://okfestival.org/open-knowledge-and-sustainability/
Program includes:
* A series of hackathons and coding jams including a Green Hackathon with
CESC, a hackathon wherethe cultural heritage stream teams up with open
science, and an introductory coding jam with RailsGirls Finland.
* A variety of participatory sessions from hands-on open hardware workshops
in Finland’s first FABlab to the world’s first Art of Open Data Cooking
workshop to sessions on the School of Data.
* A set of in-depth meetings on different topics related to openness, from
developer meetups about Open Source software with Finland’s OpenMind
conference, to sessions on the Open Government Partnershipand a new EU
Citizens’ Initiative, to a live broadcast between innovation hubs in
Finland and Africa.
* An increasingly-imminent list of Featured Speakers from the Gapminder
Foundation‘s Hans Rosling to Member of European Parliament Anneli
Jäätteenmäki to the World Bank‘s Carlos Rossel to the Free Software
Foundation‘s Karsten Gerloff to Climate Change Capital‘s James Cameron.
DATES & ACCOMMODATION
OKFestival 2012 runs from Monday 17th to Saturday 22nd of September. We
offer both day and week tickets, with week tickets covering all three of
OKFestival’s action-packed Core Conference Days (
http://okfestival.org/schedule/) from Tuesday 18th September to Thursday
20th September. A variety of Satellite Events (
http://okfestival.org/schedule/) are also running before and after the
event, with a summary and debrief day on Friday 21st September. From
Couchsurfing with Finnish locals (
http://www.couchsurfing.org/activity/view/5IO0U5) to hotels in downtown
Helsinki, there are many affordable travel and accommodation options (
http://okfestival.org/accommodation/) available to make your stay in
Finland a great one.
REGISTER TODAY
Tickets are available online (
http://okfestival.org/early-bird-okfest-tickets/) - reserve yours now to
join the largest open knowledge crowd of the year in Finland. Tickets are
selling fast and our list of confirmed festival attendees (
http://okfestival.org/festival-attendees/) continues to grow, with
participants from Jyväskylä to Guyana.
GET IN TOUCH
Have questions for our Topic Stream planners or the Core Organising Team?
Want to get involved by proposing a satellite or evening event? Feel free
to contact our Guest Programme Planners via email (
http://okfestival.org/contact/) and get involvedon Twitter (
http://twitter.com/okfestival), on our Facebook group (
https://www.facebook.com/OpenKnowledgeFestival) and on the public Flickr
Pool (http://www.flickr.com/groups/okfest/pool/). We look forward to
meeting you in Helsinki this autumn!
«·´`·.(*·.¸(`·.¸ ¸.·´)¸.·*).·´`·»
«·´¨*·¸¸« Mayo Fuster Morell ».¸.·*¨`·»
«·´`·.(¸.·´(¸.·* *·.¸)`·.¸).·´`·»
Research Digital Commons Governance: http://www.onlinecreation.info
Fellow Berkman center for Internet and Society. Harvard University.
Researcher. Institute of Govern and Public Policies. Autonomous University
of Barcelona.
Ph.D European University Institute
E-mail: mayo.fuster(a)eui.eu
Twitter/Identica: Lilaroja
Skype: mayoneti
Phone United States: 001 - 8576548231
Phone Spanish State: 0034-648877748
Berkman Center
23 Everett Street, 2nd Floor
Cambridge, MA 02138
+1 (617) 495-7547 (Phone)
+1 (617) 495-7641 (Fax)
Personal Postal Address USA:
The Acetarium http://www.acetarium.com/
265 Elm Street - 4
Somerville, MA, USA
02144
(This release is also posted on the Wikimedia Foundation's wiki at:
http://wikimediafoundation.org/wiki/Press_releases/WLM_photo_contest_launch…
)
*Participants in world’s largest photo contest -- Wiki Loves Monuments 2012
-- will upload images under free license for use on Wikipedia.*
*U.S. participants join Wikipedians in more than 30 countries to document
historic sites, monuments, and cultural heritage.*
San Francisco -- August 29, 2012 -- Wikipedians around the world will
participate in the world’s largest photo contest, Wiki Loves Monuments
2012, from September 1st through 30th. Thousands of volunteers in more than
30 countries will upload photos of historic sites throughout the month,
making hundreds of thousands of photos available under a free license on
Wikipedia’s image database, Wikimedia Commons (http://commons.wikimedia.org
).
In last year’s contest, 5,000 photographers from 18 European countries
uploaded more than 168,000 photos. This year’s contest will have
significantly greater participation, including the United States and many
non-European countries for the first time. Volunteer Wikipedians organize
the contest in each country, with the winning photos from national contests
considered by an international jury in late October. The international jury
will announce the top-ten international photos and the overall best picture
winner in early December.
“There are millions of historically and culturally significant monuments
and buildings around the world, though most of them still have no
freely-available images on the Internet,” said Lodewijk Gelauff, one of the
founders of the first Wiki Loves Monuments photo contest in 2010. “Wiki
Loves Monuments is an important way for volunteers around the world to
showcase the cultural heritage in their countries and share these images
with everyone through Wikipedia.”
The photos will be uploaded to Wikimedia Commons under a free license, so
they can be used by anybody, for any purpose, as long as the photographer
is credited. Many of the photos will appear in Wikipedia, the world’s
largest encyclopedia, and all will be available to download at no cost.
“In the U.S., anybody can photograph any of the 87,000 sites on the
National Register of Historic Places for this contest,” said Peter Ekman,
national coordinator for the U.S. part of the contest. “By uploading your
photos you are sharing our national heritage with everybody in America and
in the rest of the world. The photos will be free to use, and free of cost,
forever.”
*The Wiki loves Monuments App*
In conjunction with the contest this year, the Wikimedia Foundation, the
nonprofit that operates Wikipedia, has also developed a free Wiki Loves
Monuments mobile application for Android smartphones, available in the
Google app store. With this app, Wikipedians for the first time will be
able to upload photos to Wikimedia sites through their mobile devices. The
app displays nearby historic sites automatically, allows users to upload
directly through their Wikimedia accounts, and is available in many
different languages. The final version of the app will release on September
1, 2012 and will be available at
https://play.google.com/store/apps/details?id=org.wikipedia.wlm
*U.S. Jury*
For full bios, see http://wikilovesmonuments.us/judging/
• *Carol M. Highsmith* specializes in capturing America with her
camera. Her collection at the Library of Congress has over 20,000 photos
that she has donated to the public domain.
• *Heather Moran* is the photographer and archivist of the San
Francisco Municipal Transportation Agency (SFMTA) where she photographs and
works to digitize the Muni collection.
• *Rick Prelinger* is an archivist, teacher, writer, lecturer and
filmmaker. He is the founder and President of Prelinger Archives,
co-founder of the Prelinger Library in San Francisco, and Board President
of the Internet Archive.
• *Daniel Case* has been a Wikipedia editor since 2005, and is now
an Administrator. He has focused on WikiProject:National Register of
Historic Places
• *Howard Cheng* is an administrator at both Wikipedia and Wikimedia
Commons who works on the “Picture of the Day,” and “On this Day…” features
on Wikipedia’s main page.
• *Daniel Schwen* is an administrator on Wikimedia Commons and
contributor of numerous Featured Pictures.
• *David Shankbone* is one of Wikipedia’s most influential
photographers, whose photos appear in over 5,000 Wikipedia articles in 200
languages.
*Grand Prize: photo tour to Hong Kong*
The top 10 photos and grand prize winner of the international Wiki Loves
Monuments contest will be announced in beginning of December. The grand
prize winner will be invited to a photo tour in Hong Kong for the annual
meeting of Wikipedia editors, photographers, and collaborators: Wikimania
2013.
*More information*
International contest: http://www.wikilovesmonuments.org
U.S. contest: http://wikilovesmonuments.us
*Media contacts for international contest:*
Lodewijk Gelauff and Barbara Fischer
Phone:+49 (0) 30 219 158 26 18
Email: press(a)wikilovesmonuments.org or barbara.fischer(a)wikimedia.de
*Media contact in the United States*
Peter Ekman
Phone: (484) 238-3489
Email: pdekman(a)gmail.com
*About Wikipedia*
Wikipedia and the related sites operated by the Wikimedia Foundation
receive more than 460 million unique visitors per month, making them the
5th most popular web property world-wide (July 2012). Available in more
than 280 languages, Wikipedia contains more than 23 million articles
contributed by hundreds of thousands of people all over the world.
_______________________________________________
Please note: all replies sent to this mailing list will be immediately directed to Wikimedia-l, the public mailing list of the Wikimedia community. For more information about Wikimedia-l:
https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
_______________________________________________
WikimediaAnnounce-l mailing list
WikimediaAnnounce-l(a)lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/wikimediaannounce-l
(This release is also posted on the Wikimedia Foundation's wiki at:
http://wikimediafoundation.org/wiki/Press_releases/WLM_photo_contest_launch…
)
*Participants in world’s largest photo contest -- Wiki Loves Monuments 2012
-- will upload images under free license for use on Wikipedia.*
*U.S. participants join Wikipedians in more than 30 countries to document
historic sites, monuments, and cultural heritage.*
San Francisco -- August 29, 2012 -- Wikipedians around the world will
participate in the world’s largest photo contest, Wiki Loves Monuments
2012, from September 1st through 30th. Thousands of volunteers in more than
30 countries will upload photos of historic sites throughout the month,
making hundreds of thousands of photos available under a free license on
Wikipedia’s image database, Wikimedia Commons (http://commons.wikimedia.org
).
In last year’s contest, 5,000 photographers from 18 European countries
uploaded more than 168,000 photos. This year’s contest will have
significantly greater participation, including the United States and many
non-European countries for the first time. Volunteer Wikipedians organize
the contest in each country, with the winning photos from national contests
considered by an international jury in late October. The international jury
will announce the top-ten international photos and the overall best picture
winner in early December.
“There are millions of historically and culturally significant monuments
and buildings around the world, though most of them still have no
freely-available images on the Internet,” said Lodewijk Gelauff, one of the
founders of the first Wiki Loves Monuments photo contest in 2010. “Wiki
Loves Monuments is an important way for volunteers around the world to
showcase the cultural heritage in their countries and share these images
with everyone through Wikipedia.”
The photos will be uploaded to Wikimedia Commons under a free license, so
they can be used by anybody, for any purpose, as long as the photographer
is credited. Many of the photos will appear in Wikipedia, the world’s
largest encyclopedia, and all will be available to download at no cost.
“In the U.S., anybody can photograph any of the 87,000 sites on the
National Register of Historic Places for this contest,” said Peter Ekman,
national coordinator for the U.S. part of the contest. “By uploading your
photos you are sharing our national heritage with everybody in America and
in the rest of the world. The photos will be free to use, and free of cost,
forever.”
*The Wiki loves Monuments App*
In conjunction with the contest this year, the Wikimedia Foundation, the
nonprofit that operates Wikipedia, has also developed a free Wiki Loves
Monuments mobile application for Android smartphones, available in the
Google app store. With this app, Wikipedians for the first time will be
able to upload photos to Wikimedia sites through their mobile devices. The
app displays nearby historic sites automatically, allows users to upload
directly through their Wikimedia accounts, and is available in many
different languages. The final version of the app will release on September
1, 2012 and will be available at
https://play.google.com/store/apps/details?id=org.wikipedia.wlm
*U.S. Jury*
For full bios, see http://wikilovesmonuments.us/judging/
• *Carol M. Highsmith* specializes in capturing America with her
camera. Her collection at the Library of Congress has over 20,000 photos
that she has donated to the public domain.
• *Heather Moran* is the photographer and archivist of the San
Francisco Municipal Transportation Agency (SFMTA) where she photographs and
works to digitize the Muni collection.
• *Rick Prelinger* is an archivist, teacher, writer, lecturer and
filmmaker. He is the founder and President of Prelinger Archives,
co-founder of the Prelinger Library in San Francisco, and Board President
of the Internet Archive.
• *Daniel Case* has been a Wikipedia editor since 2005, and is now
an Administrator. He has focused on WikiProject:National Register of
Historic Places
• *Howard Cheng* is an administrator at both Wikipedia and Wikimedia
Commons who works on the “Picture of the Day,” and “On this Day…” features
on Wikipedia’s main page.
• *Daniel Schwen* is an administrator on Wikimedia Commons and
contributor of numerous Featured Pictures.
• *David Shankbone* is one of Wikipedia’s most influential
photographers, whose photos appear in over 5,000 Wikipedia articles in 200
languages.
*Grand Prize: photo tour to Hong Kong*
The top 10 photos and grand prize winner of the international Wiki Loves
Monuments contest will be announced in beginning of December. The grand
prize winner will be invited to a photo tour in Hong Kong for the annual
meeting of Wikipedia editors, photographers, and collaborators: Wikimania
2013.
*More information*
International contest: http://www.wikilovesmonuments.org
U.S. contest: http://wikilovesmonuments.us
*Media contacts for international contest:*
Lodewijk Gelauff and Barbara Fischer
Phone:+49 (0) 30 219 158 26 18
Email: press(a)wikilovesmonuments.org or barbara.fischer(a)wikimedia.de
*Media contact in the United States*
Peter Ekman
Phone: (484) 238-3489
Email: pdekman(a)gmail.com
*About Wikipedia*
Wikipedia and the related sites operated by the Wikimedia Foundation
receive more than 460 million unique visitors per month, making them the
5th most popular web property world-wide (July 2012). Available in more
than 280 languages, Wikipedia contains more than 23 million articles
contributed by hundreds of thousands of people all over the world.
(To be removed from this mailing list please reply with 'UNSUBSCRIBE' in
the subject line)
_______________________________________________
Please note: all replies sent to this mailing list will be immediately directed to Wikimedia-l, the public mailing list of the Wikimedia community. For more information about Wikimedia-l:
https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
_______________________________________________
WikimediaAnnounce-l mailing list
WikimediaAnnounce-l(a)lists.wikimedia.org
https://lists.wikimedia.org/mailman/listinfo/wikimediaannounce-l
I agree that there could be any number of things that affect it, but I'm
simply stating the default, and emphasized that term in the reply below.
I could imagine any number of ways that a licensee could argue the license
doesn't automatically terminate, perhaps conduct by licensor or otherwise.
Probably myriad ways depending on jurisdiction. There's no way to preclude
all of that, nor would we want to. I'm simply stating that as steward,
we've designed the default operation of the license as such: as conditional
permission to use the work, and when those conditions are violated the
permission goes away.
Eager to hear what others think on the merits of having a cure/provisional
reinstatement period inserted, as this is an important policy decision for
this d2-d3 period.
Diane
On Mon, Aug 27, 2012 at 10:12 AM, Gregor Hagedorn <g.m.hagedorn(a)gmail.com>wrote:
> (Diane, I think the interpretation of "termination" is not as glass
> clear as you imply. It is likely to be decided by the courts in the
> way you state, but that is not necessarily obvious in the language. If
> a rental contract terminates for some reason (as in "if you stop
> paying the rent, the rental contract will automatically terminate
> after 1 month rent is overdue") there is nothing in that statement
> that prevents renewal of the rentral contract. You assert that the CC
> license does prevent a renewal and I accept that this is the
> intention, but:)
>
> ---
>
> Is the possibility of a renewal of a licence contract between 2
> parties, after the violation causing a termination undesirable?
>
> If yes, why so?
>
> The cited FAQ (
>
> http://wiki.creativecommons.org/Frequently_Asked_Questions#What_happens_if_…
> ) is dealing exactly with quite a different situation: someone wants
> to continue using a work in violation of the license. Here we discuss:
> someone has (let us assume unintentionally) violated the license,
> corrected the error and wants to start using the work again now. The
> option to contact the copyright owners is not available because they
> choose to be not contactable, relying on the CC license instead.
>
> What is the contingency plan?
>
> ----
>
> I therefore propose that CC 4.0 the interpretation of termination be
> amended to allow a renewal of the license once the violation of the
> license is stopped or fixed (e.g. proper attribution added).
>
> Gregor
> _______________________________________________
> List info and archives at
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses
> Unsubscribe at http://lists.ibiblio.org/mailman/options/cc-licenses
>
> In consideration of people subscribed to this list to participate
> in the CC licenses http://wiki.creativecommons.org/4.0 development
> process, please direct unrelated discussions to the cc-community list
> http://lists.ibiblio.org/mailman/listinfo/cc-community
>
--
Diane M. Peters, General Counsel
Creative Commons
cell: +1 503-803-8338
skype: peterspdx
email:diane@creativecommons.org
http://creativecommons.org/staff#dianepeters
______________________________________
Please note: the contents of this email are not intended to be legal
advice nor should they be relied upon as, or represented to be legal
advice. Creative Commons cannot and does not give legal advice. You
need to assess the suitability of Creative Commons tools for your
particular situation, which may include obtaining appropriate legal
advice from a licensed attorney.
On Mon, Aug 27, 2012 at 9:02 AM, Gregor Hagedorn <g.m.hagedorn(a)gmail.com>wrote:
> > This Public License is perpetual for the duration of the term of the
> > underlying copyright or Copyright-like Rights licensed by Licensor. If
> You
> > fail to comply with any condition of this Public License, this Public
> > License terminates automatically, and You must obtain express approval
> from
> > Licensor to use the Work thereafter.
>
> (The relation between the duration of the condition "fail" and the
> "thereafter" (during the duration of fail or also after the violation
> is healed?) is still not clear to me as a non-native speaker. Your
> answer implies that a kind of "life-imprisonment" away from CC is the
> intention. If so:)
>
>
If the license is terminated, you (the licensee) are no longer allowed to
use the Work under the license unless and until the Licensor grants you
permission to again use the Work under its terms. Termination doesn't
prevent uses permitted by exceptions and limitations, or if you otherwise
have separate permission. But in the absence of some applicable exception
or limitation or other separate permission, the default status of a user of
the work is that ascribed by applicable copyright law, almost always that
of infringer.
Licensors may (and often times) choose not to press that, especially when
they contact licensees about fixing inadequate attribution and licensees
thereafter comply, for example. In my opinion, this is a positive dynamic.
But for purposes of the how CC licenses are intended to operate, the
answer is as stated here:
http://wiki.creativecommons.org/Frequently_Asked_Questions#What_happens_if_…
As to whether the GPL and MPL cure periods address the status of the
licensee upon breach differently (until cure and/or final termination), the
definitive answer has to be provided by the stewards of those licenses.
Diane
via:
http://freeculture.org/blog/2012/08/27/stop-the-inclusion-of-proprietary-li…
---------- Forwarded message ----------
From: Students for Free Culture <webleader+rss-bot(a)freeculture.org>
Date: Mon, Aug 27, 2012 at 3:15 AM
Subject: [FC-discuss] Stop the inclusion of proprietary licenses in
Creative Commons 4.0
To: discuss(a)freeculture.org
Over the past several years, Creative Commons has increasingly
recommended free culture licenses over non-free ones. Now that the
drafting process for version 4.0 of their license set is in full gear,
this is a “[a once-in-a-decade-or-more opportunity][1]” to deprecate the
proprietary NonCommercial and NoDerivatives clauses. This is the best
chance we have to dramatically shift the direction of Creative Commons
to be fully aligned with the [definition of free cultural works][2] by
preventing the inheritance of these proprietary clauses in CC 4.0′s
final release.
The concept of free culture has its roots in the history of free
software (popularly marketed as "open source software"), and it’s an
important philosophical underpinning to the CC license set. As with free
software, the word "free" in free culture means free as in freedom, not
as in price, but Creative Commons has not [set or adhered to any
standard or promise of rights][3] or taken [any ethical position][4] in
their support of a free culture. The definition of free cultural works
describes the necessary freedoms to ensure that media monopolies cannot
form to restrict the creative and expressive freedoms of others and
outlines [which restrictions are permissible or not][5]. Although
Creative Commons provides non-free licenses, the fact that they
recognize the definition reveals a willingness and even desire to
change.
Creative Commons started off by focusing much more on flexibility for
rightsholders, but since its early days, the organization has moved away
from that position. Several projects and licenses have been retired such
as the Sampling, Founders' Copyright, and Developing Nations License.
It's obvious that something like Founders' Copyright which keeps "all
rights reserved" for 14 years (before releasing into the public domain)
is not promoting free culture. Giving rightsholders more options and
easier ways to choose what rights they want to give others actually
reinforces permission culture, creates a fragmented commons, and takes
away freedom from all cultural participants.
**What's wrong with NC and ND?**
The two proprietary clauses remaining in the CC license set are
[NonCommercial][6] (NC) and [NoDerivatives][7] (ND), and it is time
Creative Commons stopped supporting them, too. Neither of them provide
better protection against misappropriation than free culture licenses.
The ND clause survives on the idea that rightsholders would not
otherwise be able protect their reputation or preserve the integrity of
their work, but all these [fears about allowing derivatives][8] are
either permitted by fair use anyway or already protected by free
licenses. The [NC clause is vague][9] and survives entirely on two even
more misinformed ideas. First is rightsholders' fear of giving up their
copy monopolies on commercial use, but what would be considered
commercial use is necessarily ambiguous. Is distributing the file on a
website which profits from ads a commercial use? [Where is the line
drawn][10] between commercial and non-commercial use? In the end, it
really isn't. It does not increase the potential profit from work and it
does not provide any better protection than than Copyleft does (using
the ShareAlike clause on its own, which is a free culture license).
The second idea is the misconception that NC is anti-property or anti-
privatization. This comes from the name NonCommercial which implies a
Good Thing (non-profit), but it's function is counter-intuitive and
completely antithetical to free culture (it [retains a commercial
monopoly][11] on the work). That is what it comes down to. The NC clause
is actually the closest to traditional "all rights reserved" copyright
because it treats creative and intellectual expressions as private
property. Maintaining commercial monopolies on cultural works only
enables middlemen to continue enforcing outdated business models and the
restrictions they depend on. We can only evolve beyond that if we
abandon commercial monopolies, eliminating the possibility of middlemen
amassing control over vast pools of our culture.
Most importantly, though, is that both clauses do not actually
contribute to a shared commons. They oppose it. The fact that the ND
clause [prevents cultural participants from building upon works][12]
should be a clear reason to eliminate it from the Creative Commons
license set. The ND clause is already the least popular, and
discouraging remixing is obviously contrary to a free culture. The
NonCommercial clause, on the other hand, is even more problematic
because it is not so obvious in its proprietary nature. While it has
always been a popular clause, it's use has been in slow and steady
decline.
Practically, the NC clause only functions to cause problems for
collaborative and remixed projects. It prevents them from being able to
fund themselves and locks them into a proprietary license forever. For
example, if Wikipedia were under a NC license, it would be [impossible
to sell printed or CD copies of Wikipedia][13] and reach communities
without internet access because every single editor of Wikipedia would
need to give permission for their work to be sold. The project would
need to survive off of donations (which Wikipedia has proven possible),
but this is much more difficult and completely unreasonable for almost
all projects, especially for physical copies. Retaining support for NC
and ND in CC 4.0 would give them much more weight, making it extremely
difficult to retire them later, and continue to feed the fears that
nurture a permission culture.****
**Why does this need to happen now?**
People have been vocal about this issue for a long time, and awareness
of the problematic nature of ND and NC has been spreading, especially in
the areas of [Open Educational Resources][14] (such as OpenCourseWare)
and [Open Access to research][15]. With the percentage of CC-licensed
works that permit remixing and commercial use having [doubled][16] since
Creative Commons' first year, it's clear that there is a growing
recognition that the non-free license clauses are not actually
necessary, or even good.
Both NC and ND are incompatible with free licenses and many, if not the
vast majority, of NC and ND licensed works will not be relicensed after
CC 4.0, so the longer it takes to phase out those clauses, the more
works will be locked into a proprietary license. There will never be a
better time than this. Creative Commons has been shifting away from non-
free licenses for several years, but if it does not abandon them
entirely it will fail as a commons and [divide our culture][17] into
disconnected parts, each with its own distinct licence, rights and
permissions granted by the copyright holders who 'own' the works.
In December of 2006, Creative Commons implemented a subtle difference
between the pages for free culture and non-free licenses: green and
yellow background graphics (compare [Attribution-ShareAlike][18] to
[Attribution-NonCommercial][19]). This was also when they began using
license buttons that include license property icons, so that there would
be an immediate visual cue as to the specific license being used before
clicking through to the deed. In February of 2008, they began using a
seal on free culture licenses that said "[Approved for Free Cultural
Works][20]", which was another great step in the right direction. In
July of this year, Creative Commons released a [completely redesigned
license chooser][21] that explicitly says whether the configuration
being used is free culture or not. This growing acknowledgement of free
vs. non-free licenses was a crucial development, since being under a
Creative Commons license is so often equated with being a free cultural
work. Now, retiring the NC and ND clauses is a critical step in Creative
Commons' progress towards taking a pro-freedom approach.
The NC and ND clauses not only depend on, but also feed misguided
notions about their purpose and function. With that knowledge, it would
be a mistake not to retire them. Creative Commons should not depend on
and nurture rightsholders' fears of misappropriation to entice them into
choosing non-free CC licenses. Instead of wasting effort maintaining and
explaining a wider set of conflicting licenses, Creative Commons as an
organization should focus on providing better and more consistent
support for the licenses that really make sense. We are in the perfect
position to finally create a unified and undivided commons. Creative
Commons is at a crossroads.This decisive moment will in all likelihood
bind their direction either being stuck serving the fears that validate
permission culture or creating a shared commons between all cultural
participants.
We don't want the next generation of the free culture movement to be
saddled with the dichotomies of the past; we want our efforts to be
spent fighting the next battles.****
**What should we do? **
There have been lots of discussions on the CC-license list about
promoting free culture licenses and discouraging proprietary ones. A
couple of proposals have been made to encourage the use of free licenses
over the non-free ones.
One is a rebranding of the non-free licenses. They could be
differentiated in a much more significant way than it currently is, such
as referring to NC and ND as the "Restricted Commons" or "Limited
Commons" or some variant thereof. License buttons could also be color
coded in the same way that license pages are (green for free culture
licenses, yellow for proprietary ones). Another proposal is to rename
NonCommercial to something more honest such as CommercialMonopoly.
While these proposals and other ideas are certainly worth supporting, we
should not lose sight on our ultimate goal: for Creative Commons to stop
supporting non-free licenses. We should not feel like this is impossible
to achieve at this point, as it will be much more difficult to do later.
More people than ever are starting to advocate against proprietary CC
licenses, and there is clear evidence and reasoning behind these
arguments. We have the power to prevent the inclusion of non-free
clauses in this upcoming version of the Creative Commons License set.
To join us in resisting the inclusion of proprietary clauses in CC 4.0,
there are a few important things you can do:
* Send a letter to the [Creative Commons Board of Directors][22] about
your concerns.
* Publish your letter or a blog post on the issue (and send it to the
list below)
* Join the Creative Commons licenses development list to participate
in discussions of the 4.0 draft:
[http://lists.ibiblio.org/mailman/listinfo/cc-licenses][23]
* Contribute to the CC 4.0 wiki pages:
[http://wiki.creativecommons.org/4.0][24]
[1]: http://governancexborders.com/2011/09/17/cc-global-summit-2011
-pt-iii-discussing-the-non-commmercial-module/<http://governancexborders.com/2011/09/17/cc-global-summit-2011%0A-pt-iii-di…>
[2]: http://freedomdefined.org/Definition
[3]: http://mako.cc/writing/toward_a_standard_of_freedom.html
[4]: http://mako.cc/copyrighteous/20040917-00
[5]: http://freedomdefined.org/Permissible_restrictions
[6]: http://freedomdefined.org/Licenses/NC
[7]: http://robmyers.org/2010/02/21/why_nd_is_neither_necessary_nor_s
ufficient_to_prevent_misrepresentation/<http://robmyers.org/2010/02/21/why_nd_is_neither_necessary_nor_s%0Aufficien…>
[8]: https://creativecommons.org/weblog/entry/26549
[9]: http://news.cnet.com/8301-13556_3-9823336-61.html
[10]: http://lists.ibiblio.org/pipermail/cc-
licenses/2005-April/002215.html
[11]: http://robmyers.org/2008/02/24/noncommercial-sharealike-is-not-
copyleft/<http://robmyers.org/2008/02/24/noncommercial-sharealike-is-not-%0Acopyleft/>
[12]: http://www.techdirt.com/articles/20110704/15235514961/shouldnt-
free-mean-same-thing-whether-followed-culture-software.shtml<http://www.techdirt.com/articles/20110704/15235514961/shouldnt-%0Afree-mean…>
[13]:
https://commons.wikimedia.org/wiki/Commons:Licensing/Justifications
[14]: http://kefletcher.blogspot.com/2011/10/why-not-nc-non-
commercial.html
[15]: http://www.plosbiology.org/article/info:doi%2F10.1371%2Fjournal
.pbio.1001210
[16]: https://creativecommons.org/weblog/entry/28041
[17]:
http://www.freesoftwaremagazine.com/articles/commons_without_commonality
[18]: https://creativecommons.org/licenses/by-sa/3.0/
[19]: https://creativecommons.org/licenses/by-nc/3.0/
[20]: https://creativecommons.org/weblog/entry/8051
[21]: https://creativecommons.org/weblog/entry/33430
[22]: mailto:Hal%20Abelson%20%3Chal%40mit.edu%3E%2C%20Glenn%20Otis%20
Brown%20%3Cgotisbrown%40gmail.com%3E%2C%20Michael%20Carroll%20%3Cmcarrol
l%40wcl.american.edu%3E%2C%20Catherine%20Casserly%20%3Ccathy%40creativec
ommons.org%3E%2C%20Caterina%20Fake%20%3Ccaterina%40caterina.net%3E%2C%20
Brian%20Fitzgerald%20%3Cbrian.fitzgerald%40acu.edu.au%3E%2C%20Davis%20Gu
ggenheim%20%3Cakhawkins%40mac.com%3E%2C%20Joi%20Ito%20%3Cjoi%40ito.com%3
E%2C%20Lawrence%20Lessig%20%3Clessig%40pobox.com%3E%2C%20Laurie%20Racine
%20%3Cracine%40lulu.com%3E%2C%20Eric%20Saltzman%20%3Cesaltzman%40pobox.c
om%3E%2C%20Annette%20Thomas%20%3CAnnette%40macmillan.co.uk%3E%2C%20Molly
%20Van%20Houweling%20%3Cmsvh%40pobox.com%3E%2C%20Jimmy%20Wales%20%3Cjwal
es%40wikia.com%3E%2C%20Esther%20Wojcicki%20%3Cesther%40creativecommons.o
rg%3E%2C%20
[23]: http://lists.ibiblio.org/mailman/listinfo/cc-licenses
[24]: http://wiki.creativecommons.org/4.0
URL:
http://freeculture.org/blog/2012/08/27/stop-the-inclusion-of-proprietary-li…
_______________________________________________
Discuss mailing list
Discuss(a)freeculture.org
http://lists.freeculture.org/mailman/listinfo/discuss
FAQ: http://wiki.freeculture.org/Fc-discuss
To answer Greg's question, in 3.0:
"You" means an individual or entity exercising rights under this License
who has not previously violated the terms of this License with respect to
the Work, or who has received express permission from the Licensor to
exercise rights under this License despite a previous violation.
In 4.0d2, we moved the "express permission" to the termination provision
in Section 5(a), the intention being the same operation as in 3.0 but
placed in a more appropriate location in the license.
This Public License is perpetual for the duration of the term of the
underlying copyright or Copyright-like Rights licensed by Licensor. If You
fail to comply with any condition of this Public License, this Public
License terminates automatically, and You must obtain express approval from
Licensor to use the Work thereafter.
As already noted, this is open for discussion and we welcome this
discussion.
Diane
On Mon, Aug 27, 2012 at 7:45 AM, Gregor Hagedorn <g.m.hagedorn(a)gmail.com>wrote:
> The original line of thought on:
> http://wiki.creativecommons.org/4.0/Sandbox#Termination
> is: "Any licensee is banned from using the work again, even to correct
> his mistake." However, is this correct?
>
> Termination of license may perhaps _not_ preclude that a licensee can
> enter into a new agreement (fresh use of the license) after the
> violating condition was fixed ("cured"). (GPL wording seems to imply
> that this is impossible, but this is not further explained).
>
> Is it possible to take out a CC license again for the same work, after
> violations have been fixed? (If yes this discussion can be closed).
>
> Gregor
> --
> ---------------------------------
> Dr. G. Hagedorn
> +49-(0)30-8304 2220 (work)
> +49-(0)30-831 5785 (private)
> http://www.linkedin.com/in/gregorhagedorn
> https://profiles.google.com/g.m.hagedorn/about
> _______________________________________________
> List info and archives at
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses
> Unsubscribe at http://lists.ibiblio.org/mailman/options/cc-licenses
>
> In consideration of people subscribed to this list to participate
> in the CC licenses http://wiki.creativecommons.org/4.0 development
> process, please direct unrelated discussions to the cc-community list
> http://lists.ibiblio.org/mailman/listinfo/cc-community
>
--
Diane M. Peters, General Counsel
Creative Commons
cell: +1 503-803-8338
skype: peterspdx
email:diane@creativecommons.org
http://creativecommons.org/staff#dianepeters
______________________________________
Please note: the contents of this email are not intended to be legal
advice nor should they be relied upon as, or represented to be legal
advice. Creative Commons cannot and does not give legal advice. You
need to assess the suitability of Creative Commons tools for your
particular situation, which may include obtaining appropriate legal
advice from a licensed attorney.
Dear friends,
The last weeks, Fae and I had some conversations about the WCA and the
following steps. While he concentrated on the committees, I wrote to
the chapters and explained about the procedure to join. We would like
to issue an official report soon, but other duties in life have
prevented us from doing so. It would be good to have good reports on a
regular basis, summarizing what is going on.
But we don't want to wait longer with the announcement that Wikimedia
Ukraine joined the WCA. It is the first chapter to become a part of
our new INGO since the meeting in Washington. Head of Board Yevhen
Buket and Executive Director Yuri Perohanych send us a signed letter
(in PDF form) in which they confirmed that WMUA wants to join and that
Andriy Bondarenko is appointed as WCA Council Member.
WMUA did so on August 2nd, and on August 15th WCA received and
accepted it. We are very proud to see that the WCA attracts the
chapters and would like to see more of them knocking at the door.
Welcome to WMUA, and more about the WCA follows soon.
Kind regards
Ziko van Dijk
Deputy Chair of the WCA Council