Slashdot Mirror


Creative Commons In the News

An anonymous reader writes "MSNBC is running an article on a new licensing scheme being used to bring civility to the world of copyright." From the article: "Interest in Creative Commons licenses comes as artists, authors and traditional media companies begin to warm to the idea of the Internet as friend instead of foe, and race to capitalize on technologies such as file-sharing and digital copying." At the same time, mpesce writes "Boing Boing is reporting that the Australian equivalent of the Screen Actors Guild, the MEAA, has forbidden its members to work in Creative Commons productions. 'The MEAA Board decided that it could grant none of the dispensations sought by MOD Films, on the grounds that these would be inappropriate.'"

253 comments

  1. One sentence license: by Anonymous Coward · · Score: 3, Insightful

    Any one can use this free of charge for anything, forever.

    What's so hard about that?

    1. Re:One sentence license: by scragz · · Score: 2, Informative

      Any one can use this free of charge for anything, forever.

      What's so hard about that?

      They do have a Public Domain dedication. Even better.

    2. Re:One sentence license: by Anonymous Coward · · Score: 0

      Even baby-mulching machines?

      Especially baby-mulching machines.

    3. Re:One sentence license: by QuantumG · · Score: 2, Insightful

      Note that part of the license which states that you can be sued if your work is defective. Lovely isn't it. That's why most people at least use something like the 2 clause BSD license. Cause it has this big fat disclaimer on it that says "you can't find me liable for defects."

      --
      How we know is more important than what we know.
    4. Re:One sentence license: by tmasky · · Score: 3, Insightful

      I love people. I hate corporates.
      These "things" have far too many bloody rights and leeway as it is. They aren't "natural people" but are treated as such too often.

      Providing them further opportunities to increase their profit margins without giving anything back is simply not good. It ultimately benefits nobody but shareholders and overpaid directors. IMHO =)

      Anyway, more on-topic, these actions in the industry make me question how far the balance of money and love for the art is going to be pushed. It's pretty sad.

    5. Re:One sentence license: by Siniset · · Score: 3, Informative

      i don't think you understand what the liability is in the public domain copyright notice: it is that if the work of art is not in the the public domain, the person publishing it can be held accountable. It's not liability if something breaks, but rather if you don't have rights over it in the first place.

    6. Re:One sentence license: by rtb61 · · Score: 2, Interesting
      All my ideas are free to use - CONDITIONAL - You use mine you give me yours.

      A better licence for copyright and patents (it's recursive and can spread rapidly - As microsoft would say very viral in nature).

      --
      Chaos - everything, everywhere, everywhen
    7. Re:One sentence license: by Anonymous Coward · · Score: 0

      Do you mean something like the WTFPL? :-)

    8. Re:One sentence license: by QuantumG · · Score: 1

      That may well be so, but you can still be sued for damages caused by a work if you place a defective work in the public domain.

      --
      How we know is more important than what we know.
    9. Re:One sentence license: by scragz · · Score: 1

      If you place a work you don't own under a BSD license, you can still be sued for damages no matter what clauses it has against this because you didn't have rights to place it under any license in the first place.

    10. Re:One sentence license: by DrJay · · Score: 1

      It's fine if you're willing to accept being charged for a repackaging of your own work as part of a commercial product. You're more than welcome to allow that, but i'm not, and Creative Commons has a license (non-commercial attribution) that fits my tastes nicely.

      --
      ______ This mind intentionally left blank.
    11. Re:One sentence license: by Anonymous Coward · · Score: 0

      Well, depends on the form.

      If you make a derivative work of an opinion piece, you misrepresent
      that person's opinion. This is why the FSF uses their "verbatim
      distribution" licence on their written work instead of a copyleft.

      (in creative commons speak verbatim distribution is "no derivs" and
      copyleft is "share alike".)

      There are really three types of works (at least): tools, opinion
      pieces and art. No reason to lump it all together. Tools should be
      freer than art and that's why copyright is more lenient with useful
      technical info (like source code).

    12. Re:One sentence license: by Swamii · · Score: 2, Insightful

      Any one can use this free of charge for anything, forever. What's so hard about that?

      Making money. All is well if you're a consumer, not all is well if you're a producer.

      --
      Tech, life, family, faith: Give me a visit
    13. Re:One sentence license: by Anonymous Coward · · Score: 0

      Tools should be freer than art and that's why copyright is more lenient with useful technical info (like source code).

      Care to defend that statement? Given that "copyright" exists to suppress the otherwise natural right to free expression, why should "art" have any more legal protection than "tools"? And where do you draw the line? There are many objects that can be said to be both "tools" and "works of art": such as a well-made, ergonomically designed tool that was designed for comfort and beauty as well as functional utility.
      --
      AC

    14. Re:One sentence license: by Siniset · · Score: 1
      i believe the creative commons copyrights are not for computer programs primarily, it would be much harder to determine damages if your work is a book than a computer program.

      If you are talking about a computer program, then your are correct, you would need a lisence that protects the creator from damage liability.

    15. Re:One sentence license: by QuantumG · · Score: 1

      Are you deliberately trying to misunderstand me or are you just dumb?

      --
      How we know is more important than what we know.
    16. Re:One sentence license: by Anonymous Coward · · Score: 1, Insightful

      Care to defend that statement?

      Well, I'm not a lawyer so I can only refer you to my source. In one
      of stallman's lectures on copyright he mentioned that quoting large
      chunks of textbooks tends to me more permitted than quoting large
      chunks of novels. This is because textbooks are more practically
      useful and generally less creative.

      I didn't mean to suggest that it was significantly more lenient, just
      that there was some distinction.

      And where do you draw the line?

      There is a lot of gray area in copyright.

      I remember hearing something about the hulls of boats being
      uncopyrightable because it was impossible to separate form from
      function.

      "copyright" exists to suppress the otherwise natural right to free
      expression


      The purpose of copyright is to increase the amount of stuff in the
      public domain. Interfering with free expression is just a horrible
      side effect that wasn't really noticeable before computer networks.

    17. Re:One sentence license: by SydShamino · · Score: 4, Interesting

      One downside of public domain is that it doesn't nothing to avoid the implication of plagiarism.

      What if I write something truly insightful in one of these posts? Then, later, I use the same words in a speech when I'm running for some government office?

      If I release the text into the public domain, others can take those words and reuse them without any credit required. I could take Tom Sawyer and republish the novel without listing the author at all; neither he nor his descendents have any rights to the book.

      But, if I reuse the words later in another context, I could be accused of plagiarism. It might be difficult to prove that I was the original author of text that had been passed around through the public domain for X years. By retaining copyright on my posts, I can force those that wish to quote them to attribute them to me.

      (This did happen. Someone from a public domain advocacy website wanted to use quotes from one of my slashdot posts on his site. But he had released all text on his site into the public domain. I had to decline unless he could change his license, not because I care where my words were used, but because I care that they be attributed to me. /shrug)

      --
      It doesn't hurt to be nice.
    18. Re:One sentence license: by Qzukk · · Score: 1

      That makes sense. Think about what kind of damages the copywritten material CC is designed to cover can cause. Unlike an invention, it can't blow up and kill anyone. Unlike software it can't erase your harddrive.

      Instead, damages for copyright are generally plagarism, libel, various hate-speech laws. I'd like to see you try license away your responsibility for the content you put out from these kind of things.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    19. Re:One sentence license: by Leo+McGarry · · Score: 0

      Nothing is hard about that. It's called the "public domain," and it's a very old idea.

      The problem is when some self-absorbed navel-gazer comes along and tries to re-brand the concept of the public domain in order to advance a political agenda.

    20. Re:One sentence license: by QuantumG · · Score: 1, Insightful

      Blah, if you put an mp3 in the public domain and it trashes my mp3 player I can sue you for damages. If you put an encyclopedia entry in the public domain and I fail my history lesson as a result I can sue you for damages. Hell, if you put a formular for making styrofoam cups in the public domain and someone sues me for spilling coffee in their lap because the cup was too heat sensitive I can countersue you for damages. It's not just software.

      --
      How we know is more important than what we know.
    21. Re:One sentence license: by Cyno · · Score: 1

      That may well be so, but you can still be sued for damages caused by a work if you place a defective work in the public domain.

      Are you deliberately trying to misunderstand me or are you just dumb?

      Are you deliberately trying to confuse us?

      Not that I care, but I don't see how I could be sued for giving some buggy code to the public domain.

      I would never do this, because I would never give anyone access to my source code without the restrictions of the GPL places firmly upon them. But I could see how some who prefer the BSD style licenses might opt to make their work free for all. Fortunately, because of my burning hate of capitalists and lawyers and all people everwhere, I will never be that kind. .!..

    22. Re:One sentence license: by QuantumG · · Score: 2, Interesting
      Allow me to explain. Say you were to park your tomato peeler in the town square and put up a sign that said "here's my tomato peeler, you are free to use it". If Joe The Farmer trucks his entire crop into town, loads it into your tomato peeler, presses the big GO button and discovers that your tomato peeler is actually defective he has ruined his entire crop. He can now sue you for damages. The exact same thing can happen with software. You put a tax calculation program in the public domain, Joe The Investor uses it to calculate how much tax he needs to pay on his investments, the tax man fines Joe $1,000,000 because he paid the wrong amount of tax, Joe sues you for damages.

      It doesn't matter if you put a sign that says "may be defective" on your tomato peeler or on your tax program. The difference between your tomato peeler and your tax program is that, if your tax program is not in the public domain, you can put a license on it which says no-one can sue you for damaged caused by your tax program. Joe must accept the license before he is legally entitled to copy the software onto his computer. That's the power copyright law gives you and is most of the reason why people use a BSD-style license over the public domain.

      --
      How we know is more important than what we know.
    23. Re:One sentence license: by scragz · · Score: 1

      Are you deliberately trying to misunderstand me or are you just dumb?

      Okay, I guess I did misunderstand what you meant. You don't have to be an ass about it.

      I really don't think that anyone would have much a leg to stand on over suing you over public domain code anyway. Maybe you should mention to CC if you think that their dedication leaves you open to too much potential litigation. They really respond well to feedback from what I've seen.

    24. Re:One sentence license: by Anonymous Coward · · Score: 0

      are you referring to microsoft or fox news?

    25. Re:One sentence license: by ortholattice · · Score: 3, Insightful

      So plagiarism of Tom Sawyer is a serious problem these days? Get real. You're making a mountain out of a molehill. Most people (even assuming they are unethical in the first place) don't plagiarize not because of copyright but because it would damage their professional reputation if found out (or in school, get them expelled). But hey, if you're so paranoid someone's going to "steal" your words, please copyright the hell out of them; even better, don't release them in the first place. I notice, by the way, the public domain guy seemed perfectly willing to acknowledge you and even asked your permission. That's what most reasonable and honest people do. I just don't understand the big deal here - how are you going to suffer if someday, somewhere someone quotes your slashdot post without attribution? Copyrighted or not, it's pretty easy to prove you originated the words with a search engine, if it becomes an issue, and probably embarrass the person who plagiarized them. Would really take them to court though (the only benefit of copyright I can see)? To me people who obsess with the copyright of the most trivial minutiae seem to have hair up their ass.

    26. Re:One sentence license: by davidsyes · · Score: 1

      What's so hard? Because, for them, watching their SAG sag would be unbearable...

      As for movies/films (not even talking about music and other performing artists activities...)

      I am sure the US' SAG WILL SAG. It's just a matter of time before the Creative Commons and Open Source and Linux clustering will deflate those expensive actor/actress egos.

      Maybe aspring Open Source fiction authors can help create a whole new "LinnyWood", or "HolLyx" when the cheaper software leads to immense savings and the greedy execs extend the cutting edge to their costliest staff, namely hyper-expensive actors/actresses and underperforming project directors.

      Imagine Municipal Internets (huh? A time when one can sensibly say "Internets" and not "Internet", heheheh), bloggers, Instant Messaging, and Pixar-like clustering that keeps the human in the loop (tho technologically they could be dispensed with), and Creative Commons with fresh scripts, digitized and screen-realistic sets, no more expensive and space-wasting Klieg lights, generators, and the costly utility bill.

      Imagine no more permits needed for cities' sidewalks (due to traffic safety issues).

      Imagine no more of all the things that make movies expensive. I bet even the world's movie-making mafias (those that own production studios for various reasons, ranging from distributing non-mainstream but otherwise fairly successful productions, to the age-old money laundering...) will go in on this.

      Yep, technology could make expensive-assed movie tickets ONCE AN FOR ALL a thing of the past. Imagine getting your movie over a Municipal Wi-Fi that some judge with the balls or ovaries will declare legal and safe.

      Now, then watch the studios get into the telecom business, the electricity business, and others, just to keep extracting dollars from viewers' eyeballs.

      Yep, things are going to become interesting.

      David Syes

      --
      Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
    27. Re:One sentence license: by Anonymous Coward · · Score: 0

      What's to stop the actors' performance being used in an ad for the Nazi Party? Or Pro-Abortion campiagns? The author gets some rights, where are they for the performer? It'll impact their aility to work in the future. A moral use clause would clean it up nicely in this instance.

    28. Re:One sentence license: by Qzukk · · Score: 2, Interesting

      a formular for making styrofoam cups is an invention.

      If you put an encyclopedia entry in the public domain and I fail my history lesson as a result I can sue you for damages. For the crime of being wrong? I can sue you for damages because the color of your tie offended me and caused my widdle heart to go pitter-patter, but I'd lose. And so would you.

      Blah, if you put an mp3 in the public domain and it trashes my mp3 player I can sue you for damages. Hofstadter posits in one of his essays (published either in Godel Escher Bach or Metamagical Themas, read them both, they're very good) that it would be possible for me to analyze the construction of your music player and develop a song specifically designed to destroy it. Additionally, if you build a machine that analyzed my song and then built a machine immune to the player-smashing effects of my song, that it would be possible to analyze the construction of THAT player-building machine to create a song that would be improperly analyzed by your music-analyzer, resulting it in producing a machine which was not, in fact, immune to the player-breaking effect of my song, and upon attempting to play it would shatter into a million pieces. And so on.

      What was the point of that? Not much. However, the "mp3" is NOT whats covered under the Creative Commons license. The song itself is. If I designed a song whose melodies and frequencies were designed to destroy piezoelectric speakers, THAT would be a clear case of damage caused by my song. If it was the mp3 itself that caused the damage, it would be due to the encoders fault (software) or the decoders fault (again software, even if disguised as hardware). Or even your fault (guess you should have let the download finish before getting too impatient and cutting the torrent off at 50% to see what it sounded like)

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    29. Re:One sentence license: by QuantumG · · Score: 1

      Wow, there's so many things wrong with your post that I can't even think where to start. Seeing as you went backwards I'll guess I'll go backwards too. No, copyright does not cover the "idea" which your song expressed, it covers the exact embodiment of your song. When I convert your song to another embodiment I'm making a derivative work of your embodiment, which is why it is also covered by your copyright.

      Yes, you are responsible for the damage an mp3 does to my equipment. It doesn't matter if it is impossible for you to make an mp3 that is guarenteed not to damage something. That's the risk you take by providing anything to anyone. It's a fucked up world and is the reason why you see so many disclaimers of liability around the place.

      If you claim to be an authority on a subject and present something as factually correct when it is not you open yourself up to litigation if your claims cause damage. Again, fucked up world, sucks to be you, put a disclaimer on it.

      A formular for making styrofoam cups is indeed an invention, but you can still put inventions in the public domain and you can still be sued if they cause damages.

      You can put rat poison that you bought at the store in the public domain (ya know, the dirt under the swings at your local park) and you can be assured that you will be sued for damages if people know you did it.

      --
      How we know is more important than what we know.
    30. Re:One sentence license: by tod_miller · · Score: 1

      No that is fine, others want more control, and to stop people profiting from derrivatives, or in the case of GPL, to stop people abusing thier work competatively. Even though I am sure M$ are up for a GPLviolation sometime soon with thier longhorn.

      Imagine some poor misguided soul (aren'tt hey all?) at SCO having one last stab.. suing Microsoft for infringment... like a snake bitting its own tail.

      I have actually had a snake rear up and strike at me, the dumb shit was behind glass, the resulting 'boink' and smear almost made me loose bladder control.. stupid snake.

      --
      #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
    31. Re:One sentence license: by Qzukk · · Score: 3, Insightful

      Forwards this time!

      No, copyright does not cover the "idea" which your song expressed, it covers the exact embodiment of your song. When I convert your song to another embodiment I'm making a derivative work of your embodiment, which is why it is also covered by your copyright.

      The copyright isn't about the paper I put ink on or the canvas I painted on or the floppy disk I saved my thesis on then stapled to the submission form. It is about the text in the floppy, the image on the canvas that matters. Your logic is flawed (calling a copy in a different format "derivative work" indeed. The term is applied to works where you add some small value such as a translation or typesetting or performance or additional text or notes, where the original work makes up a basis for the derivative too large to dismiss as fair use or quoting. Ripping your CD to mp3s adds no literary or other artistic merit to the work, it simply copies it to newer, more convenient "paper" with "better" ink) yet the outcome of your thought process is still valid: the song/picture/movie/document is still copyrighted.

      Yes, you are responsible for the damage an mp3 does to my equipment.

      So if you download an Aerosmith mp3 from kazaa, and your ipod freezes up, you're going to sue Aerosmith? You ignore the fact that beyond my song being present, there is no control over the container with certain CC licenses that allow re-encoding or re-distributing (hell, with "All Rights Reserved" copyright in effect, they still can't crush all illegal copying. Are you going to go to court and insist that you thought the mp3 was an authorized Aerosmith good being given away by Aerosmith for free because copying is illegal so therefore the mp3 must be legal?). If A records a song, B re-encodes it in a malicious format and sends it to you, you can try suing A, but the judge will call you to the bench, slap you, tell you to sue B, and dismiss the case. If you somehow win, A will appeal, and appleals court judges slap harder.

      present something as factually correct when it is not you open yourself up to litigation if your claims cause damage.

      Yet there are millions of idiots in this world all claiming things that are flagrantly, even intentionally incorrect. Yet aside from claiming incorrect things about someone (ie, libel or slander) I don't see a lot of lawsuits over how Jane told Billy she had a headache that night but was really just turned off by the fact that he ate a garlic sandwitch after dinner. If I have a page reading "On Formally Decidable Propositions of Principia Mathematica and Related Systems" consisting of a thesis that at every turn attempts to disprove Godel's law, with no text beyond the title and the body of the thesis and a CC license at the bottom, with no other statement indicating that in reality, I stapled my Mathematics PhD to my application form and failed to get my Doctorate, can you sue me for that? Even though I make no claims claiming I am a math whiz? Does the CC license matter? What if I marked it "All Rights Reserved"?

      A formular for making styrofoam cups is indeed an invention Yes, and I explicitly stated that inventions are separate, as they can blow up and kill people. Shakespeare does not blow up and kill people, no matter how long you cook it. Brittney Spears does not blow up and kill people.
      Mona Lisa secretly blows up when noone is looking, the rest of the time she smirks about what she's getting away with. The formula for TNT can be used to blow up and kill people. See the difference? Literary work, musical work, artistic work, invention.

      And now we're on rat poison on a playground which has nothing to do with copyright, and even less to do with creative commons licenses for copyrighted works.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    32. Re:One sentence license: by QuantumG · · Score: 1

      Reverse again.

      Well actually, we were talking about the "public domain" for which a playground is one example.

      Software can, and does "blow up" and destroy things. So does legal advice. So does medical advice. These are all things for which people have been sued for damages caused.

      Obviously introducing the action of nefarious copying does not add weight to your argument that even though a poorly constructed mp3 could potentially damage mp3 playing hardware, the legal creator of that mp3 could not be sued for damages.
      Is the problem simply one of the virtual vs the physical? Would you feel better if we were talking about a poorly constructed LP?

      Besides, clearly, the unlawful creator of something is more liable than a legal creator as the legal creator can legally disclaim responsibility, an unlawful creator cannot.

      And no, again, copyright covers the embodyment of an idea, which is called a "work". You can't copyright the idea of a favourable song about the south of the United States of America that makes reference to an unfavourable song about the south of the United States of Amercia. All you can do is copyright your particular embodyment of that idea. We used to talk about "physically embodying" the idea on paper or on a record, but now, with the advent of computers, that isn't accurate.

      --
      How we know is more important than what we know.
    33. Re:One sentence license: by Anonymous Coward · · Score: 0

      By the way, if you still need assistance in telling derivative works and copies apart, consider this:

      Rudyard Kipling's Jungle Book: Published and Copyright 1899.
      Disney's Jungle Book: Published and Copyright 1967.

      Note how Disney's Jungle Book, being a derivative work of Rudyard Kipling's Jungle Book is assigned a new copyright date, and despite the fact that the original novel is long in the public domain, Disney's cartoon is still well protected for many years to come. How can this be? Disney added enough new content (songs, animation, dancing, etc) to warrant it being a new (yet still using the same story and characters, so derivative) work.

      Meanwhile, Metallica's Enter Sandman was published on the album "Black Album" in 1991 and appears to be copyrighted in that year. If I copy this CD in 2005, then the resulting copy now has "Enter Sandman" on it as well, yet it's still copyrighted 1991 because it is neither a new performance, a new compilation, a remix, or anything else that justifies it being a new, yet derivative, work. Its simply a copy.

      Re: compilation. if Metallica would be so kind as to copy all of my favorite tracks onto one CD this year and sell that to me (without any editing, using the orginal recording), the recording of Enter Sandman on that CD would still be copyrighted 1991, but the compilation as a whole would be copyrighted 2005 (aside from the cover art, etc, Metallica would argue that the selection and placement of songs represent an artistic work of its own. If they normalized the audio so the new album sounded the same volume level all the way through, then the version of Enter Sandman published in 1991 with the original audio levels as published in 1991 would remain copyright 1991, but the normalized version would be copyright 2005.

      So, to recap:
      Derivative = containing some significant portion of another's work
      Copy = 100% derivative, with no new material or alterations
      Derivative Work = less than 100%, more than n% derivative, where n fluctuates with every lawsuit.
      Original Work = less than n% derivative.

    34. Re:One sentence license: by Anonymous Coward · · Score: 0

      Any one can use this free of charge for anything, forever.

      What's so hard about that?

      At least in the case of software in the USA, the problem is that you can be successfully sued if somebody uses it and it doesn't live up to their expectations. That's why BSD-style licenses are so popular - they do exactly the same as your license, but they disclaim liability as well.

    35. Re:One sentence license: by Qzukk · · Score: 2, Interesting

      We're talking about the public domain with regards to copyright, in which case public domain as public (physical) property doesn't enter into the picture. I'd hate to be sued because some kid slipped in the public park 15 miles from here that I've never been to, but everyone is liable for because its owned by "the people".

      But wait, what were we arguing about again? I thougt it was somethign about how if I made a song and a copy of that song blew up your player, that was my fault. Somewhere there was a disconnect. Care to point it out for me? Remember, just because "This Land is Your Land" is in the public domain doesn't mean that every mp3 of the song now existing is made by the now long dead author of the original. If an mp3 of "This Land is Your Land" crashes your ipod, regarless of "nefarious copying" or not, you intend to dig up the author's grave and drag the skeleton to court?

      Regardless of "physical" embodiment (hint, even before Teh Intarweb, live performances were copyrighted even if they were never set to any media) the core of the matter does not change. The copyright exists for the tune of the song, the words of the song, and the performance of the song (separately, even! just ask ASCAP and BMI!). If you write the Greatest Novel Ever, copyright it, then someone burns the original, you still own the copyright to the Greatest Novel Ever, even if you have to beg the copyright office to return the copy of it you submitted to them for registration back so you can scribble it on the backs of napkins to get it published. It's not the paper, its the words.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    36. Re:One sentence license: by Anthony+Boyd · · Score: 3, Informative
      Someone from a public domain advocacy website wanted to use quotes from one of my slashdot posts on his site. But he had released all text on his site into the public domain. I had to decline unless he could change his license, not because I care where my words were used, but because I care that they be attributed to me.

      Yes, that was one of my Web sites. However, since my interaction with you is getting lumped into a discussion of plagarism, I would mention that I do not plagarize -- everything I put up there is extensively cited and credited. The reason I didn't change my license for you was simply that other people were more easy-going, so there was no need to pursue your writing.

    37. Re:One sentence license: by QuantumG · · Score: 1
      I think the disconnect is that you're claiming the copyright is what makes your liable. It isn't.

      Say you take some song that you are not the copyright holder of, encode it onto an LP and sell it to me at a raffle. I take it home and put it on my vintage record player (aint they all vintage now?) and it not only breaks the needle it sets my house on fire and kills my dog. You are liable. It doesn't matter about the copyright.

      There's a blatant and obvious way you can make it so you aint liable: disclaim your responsibility and make me accept this as a contract when you sell me the LP.

      If you were the copyright holders of the song you have an even better way to disclaim responsibility, put it in the license for the song and now I have no right to listen to the LP without accepting that I can't sue you for damages. (Actually I have no idea on that one, I don't think any court has ruled that an LP player is actually "copying" an LP, but for computers playing mp3s they have.. which is just stupidity++).

      In any case, it's your negligence that makes you liable. You should have put that LP together right. If you, the person who is putting a work into the public domain, are responsible for that negligence then you are the one who is liable, regardless of how many hands the work has gone through before it gets to the person who suffered the damages.

      --
      How we know is more important than what we know.
    38. Re:One sentence license: by Anonymous Coward · · Score: 0

      Sounds like a good idea to me they are after all only WORDS written in an certain order , After all there is only a limited number of ways you can combine words to make sense .

      Pete Anon cus i can't be hacked to create an account yet !.

    39. Re:One sentence license: by abesottedphoenix · · Score: 1

      No, it's still not legal to plagiarise. Just because you place a work in the public domain does not mean that someone else can claim that they wrote your work. Because your words were your words on Slashdot, you can freely use them in your campaign speech later, provided that Slashdot doesn't have some disgusting EULA that I don't know about. It looks like you desperately need to take a look at

      http://www.altlawforum.org/lawmedia/CC.pdf

    40. Re:One sentence license: by Qzukk · · Score: 1

      Ah, now I see, I was just confused. I thought you were arguing that the Creative Commons copyright was a terrible license because it didn't disclaim your liability, yet let everyone else do whatever the hell they wanted with your work, and if 10 people's copies down the line someone's player crashes, you could be sued because you wrote the original song.

      Of course if you personally damage someone else you're liable, I wasn't arguing that, I was just arguing against what I thought you were arguing for.

      Thanks for clearing that up.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    41. Re:One sentence license: by BroadwayBlue · · Score: 1

      Plagiarism is independent of copyright. One can plagiarize copyrighted works just as easy as public domain works. There is societal pressure to credit original creators, and that's probably better than any law. And since you can't copyright an idea, your posts can likely be reused without restriction anyways. Someone could paraphrase or selectively quote, give you credit, cite the original source/context, and use as they saw fit.

    42. Re:One sentence license: by Gorm+the+DBA · · Score: 1
      Wow...how remarkably unaware of the law that is...

      In the real world, you would not be able to sue in the tomato peeler incident because there was no contract (the owner of the peeler received no benefit from the transaction) therefore no liablity can attach.

      You would be able to sue in the tax liability case because there is an implied warranty of fitness on any good sold, which guarantees that the product is suitable for it's intended purpose. Since you represented the program as a tax calculation program, and accepted money for it, your "Oh, by the way you can't sue me" clause wouldn't stand in a court of law, because that right is unwaivable. You could try to use that as a defense, and you might get away with reduced damages, but you aren't getting away scott free...*PARTICULARLY* if you knew the calculation was wrong, or you should have known.

    43. Re:One sentence license: by araemo · · Score: 1

      In any case, it's your negligence that makes you liable. You should have put that LP together right. If you, the person who is putting a work into the public domain, are responsible for that negligence then you are the one who is liable, regardless of how many hands the work has gone through before it gets to the person who suffered the damages.

      I still don't see how that applies if, say.. You release a song in lossless *.wav format, and put it in the public domain. Then some 12 year old kid w/ some 1337 scripts puts it into an mp3 that can damage mp3 players, how are you liable?

      Do you become liable if the person who made the mp3 was not purposefully trying to damage the mp3 players? (They used LAME, but an error in encoding caused mp3 players to blow up when they played the song back?)

      I really don't see how the original producer of the work is responsible for damages caused by a physical representation that they did not make and have no control over.

      If the notes of the song are tuned such as they break the ipod's screen.. then perhaps. But if it's something in the mp3 encoding(The ink someone else made a copy with is cancerous, for example), how are you liable?

    44. Re:One sentence license: by itsnotthenetwork · · Score: 1

      Not trying to nit-pick, but you can always sue.
      There might not have been a contract, but that means you *might* win the suit.

    45. Re:One sentence license: by Anonymous Coward · · Score: 0

      Actually there is something like sufficient effort.
      Which would make it okay aslong as a reasonable amount of effort has been put into not destroying your equipment

    46. Re:One sentence license: by QuantumG · · Score: 1

      No, I wasn't saying you were liable for bad encoding made by someone else. That is, unless there's a way to encode a wav so that an mp3 created from that wav would damage an mp3 player, which seems pretty unlikely.

      --
      How we know is more important than what we know.
    47. Re:One sentence license: by Anonymous Coward · · Score: 0

      Not true. Plagiarism is plagiarism regardless of whether something is in the public domain. It doesn't allow you take someone else's work and claim it as your own.

      Anyway a sensible copyright period would be around 15 years. And you would be able to demonstrate that you said or wrote those things first.

  2. Anti-Comeptitive by PepeGSay · · Score: 5, Interesting

    Does anyone else see the MEAA's decision as anti-competitive?

    1. Re:Anti-Comeptitive by ackthpt · · Score: 1
      Does anyone else see the MEAA's decision as anti-competitive?

      I think most everyone who has voiced opposing opinion has found themselves at the bottom of Sydney harbor.

      "right about now would be a great time to have back those gills I had as a fetus"

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:Anti-Comeptitive by IntelliTubbie · · Score: 4, Insightful

      Does anyone else see the MEAA's decision as anti-competitive?

      Of course. They're a union; it's their job to be anti-competitive. (That is, to protect their members from competition with non-members.) Essentially, the MEAA is a labor cartel, placing restrictions on members' output to boost the asking price.

      Cheers,
      IT

      --

      Power corrupts. PowerPoint corrupts absolutely.

    3. Re:Anti-Comeptitive by Qzukk · · Score: 2, Insightful

      Its basically an actors' guild, and actors' guilds have always been asshats about what their members do or don't do. I'm sure if the actors want to show up in CC films, they'll do what actors who want to ignore their guilds have always done: be credited with a pseudonym.

      It's a time-honored tradition. Don't look too deeply into it.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    4. Re:Anti-Comeptitive by pavon · · Score: 2, Informative

      Well, yeah. They are essentially a union and unions by nature are anti-competetive. Their purpose for existance is create solidarity among the workforce so that they are not competing against one another. They can use this force for good such as coping with imbalences in the market - thousands upon thousands of immigrants who could not speak english, and all competing for the tiny number of jobs they were actually capable of doing. But they can also use the force to strong-arm the market however they want, and most of the time now-a-days, the create more imbalance than they fix.

    5. Re:Anti-Comeptitive by donothingsuccessfull · · Score: 1

      Union:Member::Corporation:Shareholder.

    6. Re:Anti-Comeptitive by Breakfast+Pants · · Score: 1

      SCAB

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    7. Re:Anti-Comeptitive by awful · · Score: 2, Insightful

      The MEAA has always been quite inflexible when it comes to allowing it's members to work on projects that want to use different ways of getting actor participation. In the past actors have been prevented from working on projects for little-or-no pay (e.g. short low-or-no-budget films) because the MEAA has been worried that unscrupulous producers will plead poverty to avoid paying actors the proper industry rates. This move to prevent particpation in Creative Commons projects would appear to be from the same mindset - an attempt to prevent actors from being exploited. Imagine the scenario - an actor gets paid to work on a short film. The film is licensed under the Creative Commons and is subsequently remixed. The remix (somehow) makes money, but the actor doesn't get paid for appearing in what is bascially a 'new' work.

      What the MEAA doesn't get is - by creating a high barrier to entry for film-making (i.e. not allowing professional actors to set their own rates for projects that can't afford the standard industry rates), in effect they are keeping actors out of work. Everyone knows that the more you get your face in front of people the more likely they are to recognise your talent and then offer you more work.

      In the same way, by preventing actors from appearing works that are licensed under a Creative Commons arrangement, all the MEAA is doing is reducing the opportunities for actors to work.

    8. Re:Anti-Comeptitive by Cyno · · Score: 1

      Union:Member::Corporation:Shareholder

      time == money ...then take the derivative, as time -> 0, and we get Utopia! :)

    9. Re:Anti-Comeptitive by pavon · · Score: 2, Interesting

      The parent post is identical to a post in the original story linked from Boing Boing.

      Same person or copy-paste karma-whore? - You decide.

    10. Re:Anti-Comeptitive by cortana · · Score: 1

      > The remix (somehow) makes money, but the actor doesn't get paid for appearing in
      > what is bascially a 'new' work.

      OH NOES! THE SKY SI FALLING!?

      Why is it not up to the actor concerned, as to whether they want to participate in such a work?

    11. Re:Anti-Comeptitive by Pseudonym · · Score: 1

      A corporation can't tell its shareholders what not to do.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    12. Re:Anti-Comeptitive by Anonymous Coward · · Score: 2, Interesting

      And they are not even very good at boosting the asking price. I used to work for a company where I was subject to award rates negotiated by MEAA (even though I was not a member), and they never did a good job of negotiating decent pay. They were more concerned about increasing penalty rates (which didn't affect those like me who were salaried).

    13. Re:Anti-Comeptitive by awful · · Score: 1

      nope - the parent post was me too, but I figured most people on slashdot wouldn't head over to the linked site.

  3. Rights by vandon · · Score: 1

    Unless the production company reserves all rights, they feel they will lose money. No lawsuits over unauthorzed translations, no lawsuits over non-commercial copying and viewing, etc....

    1. Re:Rights by flajann · · Score: 1
      The whole issue of copyright needs to change. The Internet did not exist when copyright law was forged, and today information is the currency for a freer society.

      I would like to see us move away from slamming everyone over the head with a copyright, and towards free content. Creative means may be employed by the artists to make money off of their fine works.

  4. Slashdot does not have a monopoly on bad grammar by tabkey12 · · Score: 1, Funny

    From TFA Sub-Heading: Creative Commons is new licensing scheme

  5. Silly MEAA by slashrogue · · Score: 1

    The boing-boing isn't clear if this is part of the press release or not, but I quote: "Mash-up and re-mix potential is an intrinsic part of the Sanctuary project empowering the audience to exercise greater control over purchased film content and treating re-use as an opportunity as opposed to a threat."

    And how is that bad, exactly?

  6. Non-commercial elements of the Creative Commons by QuantumG · · Score: 4, Interesting
    The part I dislike the most about the Creative Commons set of licenses is the advocation of non-commercial restrictions, as if they were a good idea. This thoroughly reduces the distribution of the work. Suppose you make an icon set and place it under one of the Creative Commons licenses that has the non-commercial restriction. This means that Red Hat, Suse, Mandrake and all the other commercial Linux distributions can't put your icon set on their CD. It means that only people who contact you directly can use your icon set. That's hardly freedom.

    On a totally different note. I was thinking about the part of the GPL that most people really don't get: the offer to supply source code at a later date. More than any other part of the GPL that section really confuses people. Maybe we should make a GPL-lite, where source code simply MUST accompany all binary distributions. That'd clear up the confusion for programs licensed under it at least.

    --
    How we know is more important than what we know.
    1. Re:Non-commercial elements of the Creative Commons by Da_Biz · · Score: 5, Interesting

      I disagree. I've written several prose pieces where I have used Creative Commons to limit how it's used. As the creator and copyright holder of the piece, I believe I have the right to say how it's used.

      In my case, I permitted free distribution of the piece, restricted anyone from selling a reprint of it without my permission, and did not want anyone to build upon to work to preserve it's artistic integrity. I'm not entirely sure what's wrong there.

      http://creativecommons.org/licenses/by-nc-nd/2.0

    2. Re:Non-commercial elements of the Creative Commons by imag0 · · Score: 1

      Suppose you make an icon set and place it under one of the Creative Commons licenses that has the non-commercial restriction. This means that Red Hat, Suse, Mandrake and all the other commercial Linux distributions can't put your icon set on their CD. It means that only people who contact you directly can use your icon set. That's hardly freedom.

      It's freedom for you to make your own choice about wether you wish to have your icons included in the distribution (using your example above). If it's good enough, then they can either:

      1) pay you for your cool icons.
      2) talk you into using another license for a subset of the icons.
      3) use someone else's stuff.

      What's so hard about freedom? I think the CC is the best step forward for licensing in general. Three clicks and you have a human readable license- both clear and concise and in standard legalese. RMS might have founded GNU and the FSF but Lessig perfected it.

    3. Re:Non-commercial elements of the Creative Commons by scragz · · Score: 2, Interesting

      One other thing that I don't like so much is that attribution is now included in every license. Granted, I mostly license my music under a solely attribution license. For other works, however, I might want to have the option of only NoDerivs.

      Also on the topic of over-restrictions, I've noticed that lots of people, especially when first getting into CC, pick the biggest combination of restrictions possible. This makes using their works more difficult than it should be and almost seems like they're saying they support CC, but they don't want to give you too much freedom.

    4. Re:Non-commercial elements of the Creative Commons by MindStalker · · Score: 3, Insightful

      Well honestly you don't want every joe blow calling you waisting your time. But how hard is it for a corperation to call you up and say "Hi, we'd like to use your icons?".

    5. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1

      Yeah, as I said, it's not freedom. It's not a hard thing to grasp here, if you have to ask for permission then it's not free for that use. It's good that you've released your work for non-commercial use, but commercial use is also important. Advocating that people release their work for non-commercial use when there's no real reason to is silly.

      --
      How we know is more important than what we know.
    6. Re:Non-commercial elements of the Creative Commons by schon · · Score: 4, Interesting

      the advocation of non-commercial restrictions, as if they were a good idea.

      Maybe it's because people believe that they *are* a good idea?

      Suppose you make an icon set and place it under one of the Creative Commons licenses that has the non-commercial restriction. This means that Red Hat, Suse, Mandrake and all the other commercial Linux distributions can't put your icon set on their CD.

      First of all, no it doesn't. What it means is that Red Hat, Suse, Mandrake, etc can't put your icon set on CDs that they *sell*. They're perfectly free to include it in a downloadable ISO, or some other means.

      Second of all, if someone's making money of something *I* made, why should it not be me? (Or, why is it such a big deal if they have to contact me first?)

      It means that only people who contact you directly can use your icon set.

      Yes, well let's see: there's Red Hat, Mandrake, Suse... who else? I can see how difficult it is for *all these people* to contact me - man, how could I ever manage the time to talk to them all? There are clearly tens of people who are selling Linux commercially.

      That's hardly freedom.

      Bullshit. They're perfectly free to make their own icons.

    7. Re:Non-commercial elements of the Creative Commons by Anonymous Coward · · Score: 0

      Pretty much like the GPL isn't freedom because you have to follow a strict rule that some have claimed to be viral?

      Thats not freedom to me either. Then again, I don't care if it is freedom or not because at times its nonfreedoms work for me. If it has to be licensed and has restrictions, its not freedom.

      Damn...if I were trolling, I would have ended that last line with ",hippy.".

    8. Re:Non-commercial elements of the Creative Commons by ComputerSlicer23 · · Score: 1
      I can see how difficult it is for *all these people* to contact me - man, how could I ever manage the time to talk to them all? There are clearly tens of people who are selling Linux commercially.

      RedHat, I know has a policy that essentially everything they include in their base distro *MUST* be a certain type of free, with only two exceptions. The RedHat Logos, and some Anaconda images files (I'd have to double check anaconda package name, but essentially it's some images they used during the install process).

      Which means, that they couldn't include your images, because the people who get it from them, don't have the same rights RedHat did. It's very similar to the policy Debian has. RedHat does include some special stuff on the extra disks that come with commerical distributions.

      Debian has similar provisions. I'm fairly sure Not for Commercial use doesn't pass the Debian standards for "Free" (some clever response will probably include which section of the Debian definition of Free it doesn't meet). So, no as a matter of fact, a number of major distributions couldn't use your icons, if they want to follow their own rules about licensing (I'm doubtful they'll decide the icons are so pretty they'll give up their guiding princepals). I'm not sure if Suse/Novell, Mandrake or Connectiva (didn't they just merge w/ Mandrake?) have similar rules.

      Bullshit. They're perfectly free to make their own icons.
      You are using different standards of freedom from the parent poster, and then saying he doesn't understand the definition of "freedom". It's a silly argument to make. His claim is that if Microsoft renamed their EULA to be the "Freedom 'R' Us License', it'd still hardly meet the common meaning of the "Free" when as an adjective to a copyright license name. He's correct in saying that releasing it under a "Non-Commercial Use" license isn't meeting nearly anyones definition of free (the FSF's, the BSD, the Debian, or the OSI criterion for "free"). Sure your still free to create your own work. Using your logic, Microsoft can legitimately claim "Freedom 'R' Us License" isn't doublespeak, becase we are free to re-write compatible software from scratch. Doesn't hold water with me at least.

      Kirby

    9. Re:Non-commercial elements of the Creative Commons by rlds · · Score: 1
      You say:
      The part I dislike the most about the Creative Commons set of licenses is the advocation of non-commercial restrictions, as if they were a good idea. This thoroughly reduces the distribution of the work. Suppose you make an icon set and place it under one of the Creative Commons licenses that has the non-commercial restriction. This means that Red Hat, Suse, Mandrake and all the other commercial Linux distributions can't put your icon set on their CD. It means that only people who contact you directly can use your icon set. That's hardly freedom.

      That's exactly what I like about it. Otherwise your stuff without any restrictions would just be public domain. So, make it public domain if you don't ever want to know whether your stuff is been used for commercial or non-commercial use by others.

    10. Re:Non-commercial elements of the Creative Commons by captwheeler · · Score: 1
      I'm not entirely sure what's wrong there.

      The original poster disliked "the advocation of non-commercial restrictions, as if they were a good idea." This seems true to me also, and pretty different from the common OSS licenses. CC has several options, what do these correspond to in software licenses?

      Attribution. - comments in an #include
      Noncommercial. - ?
      No Derivative Works. - Proprietary license?
      Share Alike. - GPL

      If it was software we would want to get everyone on the freedom train, and marginalize those who want things like 'open proprietary standards,' so why should this be so different with artistic works?

      As the creator and copyright holder of the piece, I believe I have the right to say how it's used.

      Yes you do, and yes you should. But the issue is more about encouraging people to be liberal about restrictions, rather then creating an easy way for them to restrict.

      It's all a trade off; you get more people & work, with more restrictions, and I like the CC, trust that they are doing good work with consideration, etc..., but it seems very incongruous with FOSS to make a system which encourages restrictions.

      --

      Thanks for putting on the feedbag. Thanks for going all out. Thanks for showing me your Swiss Army knife.

    11. Re:Non-commercial elements of the Creative Commons by James+McGuigan · · Score: 1

      I agree with the philosphical dislike of the non-commercial restrictions, the purpose seems (in the case of music) to be insurance against a record company simply selling CDs in shops and not paying the artist any royalties.

      In the software world, the notion of copyleft has achieved a similar goal in practice, without actually banning commercial distrabution.

      The biggest differences with CC, seems to be first they trying to target an audience very used to the absolute monopoly of copyright, so have opted for the "open source" arguement of increased utility, rather than the "free software" argument of moral imperitive and freedom as a right.

      Second, software is inherently useful, and most free software is written because the authour has a need for the software themselves or someone they are trying to help. With "art" (inc music and film), there is not this inherent utility, art is done because it is fun, or cool or in many cases (I assume) to try and become more well known, and then strike it big and become rich (well thats the dream put out in our mass media culture).

      Money is always a problem when it gets involved in human endevors, but assuming we can't simply eliminate all money (which would eliminate this type of problem), the question may simply be one of finding a workable business model in the art world, that allows freedom, but also creates a money flow.

      Maybe the answer lies in the idea that people are not paying an artist for what he has produced, but rather for what he has not yet produced and on live performance (the two things an artist has an natural monolopy on).

      On the other issue while in small projects it is sometimes easier to simply bundle the source code in with the binary. There are many cases, especally when the source is large, to keep them seperate to save costs and save disk space (ie when bundling source would put you over the size limit for a single CD).

      Think of a knoppix CD, most people don't need the source code to build it from scratch, except possibly developers, so forcing me to burn you a second source CD every time someone asks for a copy of knoppix would just be a waste of CDs.

    12. Re:Non-commercial elements of the Creative Commons by the+arbiter · · Score: 1

      Geez, dude, this is not that hard to understand. My music is released under a Creative Commons "No Commercial" use clause because I don't want anyone making money from it. If someone really has a boner to release it and make money off of it, they can talk to me about it.

      I'll probably tell them no, but who knows?

      And if there's something I want to release commercially, I'll simply leave the "Non-Commerical" part out of it. See? Not that hard.

      Now if you've got a problem with me not wanting to allow any commercial use of my product, that's another story entirely. I hope that's not the case.

      --
      Boycott everything - they're all trying to fuck you one way or another
    13. Re:Non-commercial elements of the Creative Commons by iminplaya · · Score: 5, Insightful

      I believe I have the right to say how it's used.

      That's like telling me where I can take my car, or what kind of tires I have to use. It's like needing the arquitect's(sp) permission the paint my house. The closest thing you have to natural rights on a work is to have your name attached. Everything else is fair game. The "artistic integrity" is in your eyes only. Your rights to property are determined by the society you live in. They are NOT absolute or inherent.

      --
      What?
    14. Re:Non-commercial elements of the Creative Commons by LionKimbro · · Score: 1

      I think there's a misunderstanding.

      We (royal) are okay with what you want, and what you are doing.

      What is difficult is the situation where a person wants to contribute their work for general public use. This isn't like your (legitimate) case, this is a different (legitimate) case.

      In they're head, they are thinking, "Hey! This is great! People who are doing non-commercial stuff can use. Like, if someone's making a Free Software video game, they can reuse it. So this helps all those net projects. And then the people who want to make money with it, they have to call me. This works great for everybody!"

      But, the problem is, it's naive. And Creative Commons isn't helping people sort it out.

      What actually happens is this:

      Game group sees the artwork, and wants to use it. "Hm, says Non-Commercial. Can't use it."

      Why did this happen? Is the game group commercial? No. But if they have anything non-commercial, it can't be used. Because the dream for the group is to be distributed in magazine CDs, or as part of a default distro. If they include "non-commercial only," they can't distribute their game with Fedora, they can't distribute it with just about anything. The game group (and any other net project) knows this, and have to reject the work.

      Which is really sad, because the whole point was to allow people to network their content together. Everybody loses out.

      None of this applies to your situation, where these restrictions are actually what we want.

      This only applies in the situation where someone thinks "net projects can use this," when, in reality, they can't.

    15. Re:Non-commercial elements of the Creative Commons by seifried · · Score: 0, Flamebait

      Problem is if I as a content/whatever creator have no rights regarding my work why should I distribute it at all? I'm better of getting a job at McDonalds. First off your analogy sucks, the car you purchased, the architect you hired, there is contract law at work there as well, and in some cases you would be restricted from say painting your house, if you agreed to it. However in the majority of cases with Creative Commons licensing you are getting something for nothing, in the classic sense of contract law, which is based on the parties both having negotiating and exchanging something you are actually the party consuming the content (if you will) has more power in many senses then the content creator, but this is balanced by the content creator being able to choose a license of their liking, and in theory it should be enforced by the signatories of the Bern Copyrgith Convention (basically everyone).

    16. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1

      I thought the whole point of the Creative Commons licenses was this thing we call "Free Culture". We try to convince people to put things under Creative Commons licenses so we don't have to hunt down people and ask permission to use their works before we make our own works that might include or be derived from them. By making the work free for non-commercial use only we're really saying that Free Culture can never be economically self supporting. That's a bad thing and people should be encouraged not to use non-commercial only licenses to make Free Culture because of it.

      --
      How we know is more important than what we know.
    17. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1

      Yeah I do. Cause if another musician who happens to consider the Creative Commons to be a good thing makes a derivative work of your song and then gets asked if his song can be used in an advertisement he's going to have to track you down and ask permission. Now you might say that is a good thing, but what happens if the pot has been stirred a hell of a lot more than just once? We already live in a permission based society when it comes to music. The Creative Commons is supposed to be about removing those restrictions so we get new works that we would never get in the restrictive-everything-is-owned world, because it's just way too much effort to go track everyone down and ask for permission. When you make an explicit restriction that says Non-Commercial Only you're cutting off a huge part of our culture from benefiting from this process.

      --
      How we know is more important than what we know.
    18. Re:Non-commercial elements of the Creative Commons by LionKimbro · · Score: 2, Insightful

      (Or, why is it such a big deal if they have to contact me first?)

      Because there's like 999,999,999,999,999 little packages in a big fat thing called a distro, made by untold countless people, all of who would be angry that they didn't get their 1 cent per 1000 CDs sold.

      What you propose means that each company has to hold and maintain a contract for every single little micro-deal made. That means tons of lawyers, tons of phone calls, tons of paper (yes, paper,) tons of beaurocracy, tons of this, that, and the other thing. Just tracking you down can be hard.

      Believe me, it's not worth it to them.

      Since GNOME, KDE, small time app developers, whoever all want to be part of distros, or, hell, let's forget distros- let's just talk people who sell CD images for $3.00 each-

      Since the devs want their work to have all their freedoms, they'll say, "Thank you for your lovely icons, we may make them available on our web site (where only a handful of people will see them,) but we can't include it in the core distro. Have a nice day."

      The saddest thing is that the conversation doesn't even take place-- the whole point of this kind of licensing is so that there doesn't have to be a conversation. What actually happens is this: Someone's looking over icon collections. They see a cool one, "Oh, that's neat." "Oh, wait- non-commercial. Can't use it. Damn..." ...and then they move on, and the artist never even knew.

      What would be better:

      Offer to sell your icon library to KDE (or whomever) for licensing however they like. Say, "For $300, I'll make you these cool icons, you can license them however you like after you buy them." Then KDE can give you $300.00, and make use of the icons.

    19. Re:Non-commercial elements of the Creative Commons by Peter+La+Casse · · Score: 3, Insightful
      Problem is if I as a content/whatever creator have no rights regarding my work why should I distribute it at all? I'm better of getting a job at McDonalds.

      Because you enjoy it? (Rhetorical question; the answer is "yes".)

      If you don't enjoy it, then don't do it; nobody's forcing to you be creative. Get a job at McDonald's if that's what floats your boat.

    20. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1
      As the creator and copyright holder of the piece, I believe I have the right to say how it's used.

      People always put it like this. Why don't they say it how they mean it: As the creator and copyright holder of the work, I belive I have the right to restrict how other people can use it. You're not just "saying how it's used", you're actively restricting people from doing things they should be free to do.

      Just so we're 100% clear here, you're using the threat of litigation and, in some countries, criminal charges to force people to use the work only in the way which you deem is acceptable.

      Doesn't sound like such a reasonable thing to declare you have the right to do anymore does it?

      --
      How we know is more important than what we know.
    21. Re:Non-commercial elements of the Creative Commons by iminplaya · · Score: 1

      ...there is contract law at work there as well...

      That's precisely how you can get paid. No special, government granted privileges are needed. If you want a better contract, you need to organize with your peers. That's how I negociate my contracts. I can't understand why your line of work should be treated differently. Besides, the consumer should have more say. He's the guy spending the money. Either way the contract is between buyer and seller. It shouldn't effect anybody else. No outside influences are necessary. What you won't get(nor deserve) is exclusivity.

      Problem is if I as a content/whatever creator have no rights regarding my work why should I distribute it at all?

      Because you like to? When you do things you like, while it's nice to get paid, it shouldn't be a requirement. Otherwise you wouldn't like doing it so much. If you feel better to suppress your creativity because it doesn't pay out what you expect, then, by all means feel free to wait for someone else to do it. For now, just make the deal, do the work, get paid, forget about it, and repeat. Stop with this death grip of control. That benefits noone.

      Creative Commons licensing you are getting something for nothing...

      I think this is what goads people the most. They just can't stand the fact that somebody out there might get something for nothing. Or that they might enjoy your work, and they didn't pay YOU(editorial), even though you may have gotten paid by the contractor. Yet that what copyright holders want when they demand that you pay "rent" for their product for 75 years. They're demanding continuous profit for something they did once. They're demanding payment for every second of joy I might derive from their already paid for work.

      --
      What?
    22. Re:Non-commercial elements of the Creative Commons by captwheeler · · Score: 1
      I think you meant this for the grandparent post by Da_Biz (267075), but since I agreed with it I'll reply.

      Just so we're 100% clear here, you're using the threat of litigation and, in some countries, criminal charges to force people to use the work only in the way which you deem is acceptable.

      Yes. But we do that for the GPL also, and all kinds of things. The means of enforcement (however ugly) don't change the argument for or against. Surgery is nasty to watch; but a heart bypass operation is not bad because of that.

      The balance of Fair Use and the existence of any restrictions (like copyright) is an issue of politics, not personal choice. What choice an artist makes is the issue the CC trys to address. It just seems like they should advocate complete freedom, more then make it easy to apply restrictions.

      --

      Thanks for putting on the feedbag. Thanks for going all out. Thanks for showing me your Swiss Army knife.

    23. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1

      Well, I more see the GPL as a necessary use of the stick to combat all the excessive use of the stick around us. If the stick went away we wouldn't need the GPL. But yes, you would think that the CC would encourage the use of the least number of restrictions as possible and try to explain to people exactly what they are doing when they put non-commercial restrictions on their work.

      --
      How we know is more important than what we know.
    24. Re:Non-commercial elements of the Creative Commons by schon · · Score: 1

      as I said, it's not freedom.

      Except that it *is* freedom.

      if you have to ask for permission then it's not free

      Well, people aren't allowed to murder one another. Or steal. Or rape and pillage. Therefore nobody is free.

    25. Re:Non-commercial elements of the Creative Commons by schon · · Score: 2, Insightful

      it's not worth it to them

      Which is entirely beside the point. If they want to *sell* something, they have to create it, or get permission from the author. If it's valuable enough for them, they will.

      What actually happens is this: Someone's looking over icon collections. They see a cool one, "Oh, that's neat." "Oh, wait- non-commercial. Can't use it. Damn..." ...and then they move on, and the artist never even knew.

      Except that it doesn't actually happen that way. If a company wants to distribute something enough, they *will* ask.

      I take pictures. I release them under a the Creative Commons Attribution Non-Commercial 2.0 license. If people want to use them to create art, they're welcome to do so (and many have.)

      If someone wants to use them commercially, they have to ask me for my terms. If the photo's important enough to them, they will (and have.) In some cases, I've granted the permission for free; in others, I've asked for payment.

      Your assertion that the conversation doesn't happen isn't actually borne out in the real world.

    26. Re:Non-commercial elements of the Creative Commons by schon · · Score: 1

      You are using different standards of freedom from the parent poster

      True enough.

      and then saying he doesn't understand the definition of "freedom"

      Please show me where I said that. Nowhere in that post did I ever say that he didn't understand the definition of "freedom."

      It's a silly argument to make.

      Yes, and it was done to illustrate a point.

      He's correct in saying that releasing it under a "Non-Commercial Use" license isn't meeting nearly anyones definition of free

      No, he's not. It meets *lots* of people's definition of free. If your only definition of free is "anyone can do anything", then you must agree that there is no such thing as a free country, as nobody is allowed absolute freedom (for example, go kill someone, and find out how quickly you'll be punished.)

      The point boils down to this:

      Free for non-commercial use means that it's free for non-commercial use. It doesn't stop being free for non-commercial use just because you want to sell it.

    27. Re:Non-commercial elements of the Creative Commons by the+arbiter · · Score: 1

      1. You don't get the point of the Creative Commons licenses...they're about giving users AND content creators new freedoms. And I'm looking at this in a much different light as a creator than you are as a user. There are freedoms as a user that you may like to have, but as a creator I choose not to give them to you.

      2. You haven't read the terms of the Creative Commons licenses. If you had, you would know that they're not necessarily about removing restrictions, but about giving content creators options in how they choose to wield their copyrights. Creative Commons is about removing some restrictions, not all. It gives me the option to give my stuff away (not charge money for it) while still having rights and control over how it gets used and and how it's attributed.

      3. Creative Commons can be very restrictive regarding user rights, and that's why I like it. For example, I banned derivative works as well as commercial ones. I opted for the most restrictive form of the license as I don't want anyone chopping my music up into unlistenable shit, anyone else making money off of it, or claiming it to be theirs. The only difference between what I have and full-bore copyright is that I have no problem with people disseminating my works, for free, in their unaltered form, without me getting paid. And that's the terms of the license I chose to use.

      4. I think if you're looking for no restrictions at all, that's called "public domain"...and I have zero interest in ever making any of my works Public Domain works. If somebody's making money off my work, I want a cut. Actually, I want a lot more than "a cut", see #5 below.

      5. "When you make an explicit restriction that says Non-Commercial Only you're cutting off a huge part of our culture from benefiting from this process." Now this is utter bullshit. Sorry, but it is. The only "benefit", and it's a dubious one at best, that I'm denying the culture is that I'm removing the ability of other people to exploit my effort and labor. And I may not want them to be able to do that, because I don't like being exploited. If I'm going to make money from my creations, I'm going to make all of it. I don't share. In the meantime, however, the culture still gets my music, for free...because I'm just a hell of a nice guy and don't feel like charging for it at the moment. No one suffers or is "cut off" from the potential to enjoy my work. They just can't use it (or me) for their own benefit.

      --
      Boycott everything - they're all trying to fuck you one way or another
    28. Re:Non-commercial elements of the Creative Commons by Da_Biz · · Score: 1

      I see where you're coming from. I would note, however, that the Creative Commons license I've used specifically notes that I can grant permission to waive some of the aspects of this license.

      Interestingly enough, I applied this license to something I wrote about Burning Man, which works hard to maintain a non-commercial atmosphere. I'm definately not opposed to this piece being redistributed commercially: I'm just opposed to this piece being redistributed at a cost that _I believe_ is not nominal.

      The Man Has No Hands

    29. Re:Non-commercial elements of the Creative Commons by zotz · · Score: 1

      I like CC BY-SA myself. I would like it if we could drop the BY rather than simply waive it in the 2.x series though.

      If the BY-SA creates a more vibrant pool of work, perhaps the CC system will self correct. We can hope.

      http://www.archive.org/search.php?query=creator%3A %22drew%20Roberts%22

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    30. Re:Non-commercial elements of the Creative Commons by zotz · · Score: 1

      "Your rights to property are determined by the society you live in. They are NOT absolute or inherent."

      Don't give in to the intellectual property meme. Resist. A monkey wrench once in a while may help as well.

      Push for intellectual property tax here and there. Don't have to let on if you are serious or not. Just the thought of it probably makes some quake in their boots.

      http://www.infoanarchy.org/wiki/index.php/Copyrigh t_Term_Reform/Taxation

      I didn't write that by the way.

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    31. Re:Non-commercial elements of the Creative Commons by jbn-o · · Score: 2, Insightful

      It's freedom for you to make your own choice about wether you wish to have your icons included in the distribution [...]

      Actually, it's a power when you deciding whether others can distribute copies of your digital work; that's licensing, telling others what they are allowed to do with the covered work. It would be a freedom if you were deciding for yourself whether to incorporate the work in something of yours. It's ironic that you bring up RMS later on in your post, because he reminds us that the difference between power and freedom hinges on who's affected -- "Freedom is being able to make decisions that affect mainly you. Power is being able to make decisions that affect others more than you. If we confuse power with freedom, we will fail to uphold real freedom.". This means that licensing anything is a power. Freedom means making a decision whose outcome chiefly affects you.

      I think the CC is the best step forward for licensing in general. Three clicks and you have a human readable license- both clear and concise and in standard legalese. RMS might have founded GNU and the FSF but Lessig perfected it.

      I think that CC does us all a great service as well, but I think that the FSF and CC's work are complimentary and they serve different ends. RMS and Lessig aren't working on licensing the same kinds of works, for example -- RMS' licenses are for computer software and documentation, the Creative Commons licenses are not intended for licensing computer software.

    32. Re:Non-commercial elements of the Creative Commons by LionKimbro · · Score: 1

      Except that it doesn't actually happen that way. If a company wants to distribute something enough, they *will* ask.

      Nonono-

      You don't understand-

      You're talking about taking photographs, and then putting them online. If some magazine wants to use them, they pay you. Fair enough: The CC license with non-commercial is okay.

      But that's totally different than the icons scenario. Here's why.

      Let's say you have some icons for some GNOME project. Now lets say this little project wants to be in the GNOME distribution. And the GNOME distribution, in turn, wants to be distributed with, say, Red Hat, and Debian, and all these other zillion projects.

      The little project isn't going to take your icons, because it's totally unfeasible that Red Hat is going to be tracking down the rights for all the little projects that live within all of the major projects.

      It gets even goofier when considering something like CheapBytes, which sells Linux distros at only a couple dollars more than the price of the CD printing. We're talking major mom & pop here.

      It's absolutely rediculous to think that they're going to to be phoning up all the people of the gazillion projects within the hoards of Linux distros that they sell, maintaining contracts, hiring lawyers, yadda yadda yadda.

      So:

      If you sell photographs, and you also release them CC non-commercial, then-- that's great! That's really cool! I totally appreciate that.

      But, if you're someone who's making icons for use in Free Software projects (or whatever,) and you're confused why nobody's making use of them-- it's because of the reason I just gave above.

    33. Re:Non-commercial elements of the Creative Commons by zotz · · Score: 1

      "Yet that what copyright holders want when they demand that you pay "rent" for their product for 75 years. They're demanding continuous profit for something they did once. They're demanding payment for every second of joy I might derive from their already paid for work."

      What's worse is that often the person collecting the rent is not the creator. So they are demanding rent on something they never did in the first place. And often, the person who did do it, get's no rent. Right?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    34. Re:Non-commercial elements of the Creative Commons by seifried · · Score: 0, Troll

      Ah I think people took me to literally. I'm fortunate in that I have a day job that gives me enough time to create free content on the side, look at my website hey? However a lot of people are not so fortunate and have to combine their content creation with paying the bills somehow (you know, like a job). I also want some degree of control over said content, i.e. I do not want people representing my work as theirs, I do not want people modifying my work unless it is clear what those modifications are (i.e. I do not want them to insert errors into my work which they then distribute, making me look bad). Hint: these are all parts of the creative commons licenses that are available. As far as people making money off my work I have mixed feelings about that and am not quite sure where I stand on it (I think it depends on motivation/method that the other people make money off my work, if I get duly credited I'm a lot happier, if they steal my work, and take my name off of it I'm not so happy). In any event the making money thing is not the main concern, the main concern is that I, as the content creator, have rights and can exert them over my content. If you don't want to play by my rules, for someone I created and am offering to you, why should I be forced to play with you (like as in giving it away for free with no rights).

    35. Re:Non-commercial elements of the Creative Commons by seifried · · Score: 1

      Correct. The vaste majority of content, especially music is now classes as "Work for hire", that is you are paying me for the time I put in, not the content I create (in a nutshell). I as the content creator will often have no rights at all to the content, or very limited rights to the content, whereas the company paying me owns the content and the rights (and since corporations can sell those rights they can remain in active ownership pretty much forever). I looked at writing a book, saw it was complicated so I wrote it anyways and distributed it for free online. This of course generated some interest from publishers, but not a single one, including "nice" ones like Straw Press were willing to let me keep the rights to my work, i.e. I was willing to let them publish it and sell it, pretty much for free (I wasn't interested in royalties, I had a good day job). Not a single one of them would do this, they all wanted the rights to my book, and in all cases there was basically no way for me to get the rights back, even if the book went out of print and the publisher abandoned it it was difficult under the terms of the contract for me to regain the rights. In other words my work might sit in limbo for a long time, no thanks. I figure so far the work I did on that specific project has gotten 500,000 unique visitors over the years, which is not bad. Far better then any book would have done.

    36. Re:Non-commercial elements of the Creative Commons by Elwood+P+Dowd · · Score: 1

      I agree completely. As you say, it's just annoying that they act like a non-commercial restriction is a good idea.

      My utter bafflement, though, is that in the 2.0 licenses they don't have a no-attrib option. Why? WTF? That means that as far as I can tell, none of the CC 2.0 licenses are GPL compatible. I'm sure they had a reason, but I'll be damned if I can figure it out.

      --

      There are no trails. There are no trees out here.
    37. Re:Non-commercial elements of the Creative Commons by seifried · · Score: 1

      Unfortunately you cannot negotiate a contract with someone if you post the work online for "Free". I can simply link a license to it and hope people abide by the terms of it. The original poster said: The part I dislike the most about the Creative Commons set of licenses is the advocation of non-commercial restrictions, as if they were a good idea. This thoroughly reduces the distribution of the work. Suppose you make an icon set and place it under one of the Creative Commons licenses that has the non-commercial restriction. This means that Red Hat, Suse, Mandrake and all the other commercial Linux distributions can't put your icon set on their CD. It means that only people who contact you directly can use your icon set. That's hardly freedom. Well, that's to bad. It the content creators work, they should be allowed to apply reasonable terms to it, I think not allowing commercial use of a work is a reasonable term. I think it's also reasonable to require people to place notices on the work of who it belongs to if they redistribute it, etc. If the idea of something for nothing really drove a content author that crazy they would probably use a commercial license, like pretty much all the content created very recently by mankind, up untilt he advent of this crazy BSD and GPL licensing stuff =). In which case you'd get absolutely no use of the content without an onerous process of negotiating and paying for it.

    38. Re:Non-commercial elements of the Creative Commons by zotz · · Score: 1

      "Yes, and it was done to illustrate a point."

      Can you spell out the point for those of us who are not too swift at this time of day?

      "Free for non-commercial use means that it's free for non-commercial use. It doesn't stop being free for non-commercial use just because you want to sell it."

      You are mistaken if you think that the only thing non-commercial would prevent is someone selling your work.

      Except that fair use might allow it and override your non-commercial wishes, it would prevent a class being taught on your work in a college that had tuition. Right?

      Also, I think we are in one of those free vs free (libre vs gratis) threads.

      IIRC you were CC BY-NC-ND. I only just thought this as I mostly use CC BY-SA and don't think too much about the other options, but isn't this more like Freeware than Free Software. (If you know the usual uses of those terms.) I could easily be wrong about this. I can't remember off the top if freeware has NC leanings. Still I think we are in a libre vs gratis discussion here.

      http://www.archive.org/search.php?query=creator%3A %22drew%20Roberts%22

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    39. Re:Non-commercial elements of the Creative Commons by ComputerSlicer23 · · Score: 1
      I interpreted "Bullshit, they are free to make their own icons" as "You don't know what free is, or at the very least you are using the wrong definition of free".

      'If your only definition of free is "anyone can do anything"'

      Nope. My definition of free generally extends to be "You don't have to ask my permission individually to clear your activity with me". I don't have to ask the government "Am I allowed to say this?". Yep, I have freedom of speech. I don't have to ask the government "Can I print this in a public newspaper", that's pretty much freedom of the press. Lather, rinse, repeat for other freedoms you want to check.

      "Can I please use your icons in my project?", sure don't sound like "Free" to me. Not when it comes to a "Copyright license". Free has a special meaning in that context. Just like gravity has a special meaning in science that is nearly unrelated to its usage in common English sentences. The word you are looking for is "Allowed", not "Free" (as the adjective, "Free" is the correct legal expression in "Free for Non-Commercial Use").

      Free for non-commercial use means that it's free for non-commercial use. It doesn't stop being free for non-commercial use just because you want to sell it.

      First, I don't want to sell anything. However, I completely understand exactly why Debian uses the standards they do for what is "Free". They are crazy about a lot of things, but at least when they distribute something, I know there's a very low probability that I can get in trouble for doing absolutely anything I want with that source code (I could get into GPL trouble with the binaries, but that's about the worst of it). With *BSD, just don't remove any copyrights, and don't remove warnings about having no Warrantee if I remember correctly.

      Yes it is free for non-comercial use. However, that is a major deterrant for people who aren't selling a damn thing. It'd a deterrant for RedHat , it's a deterrant for Debian, it's a deterrant for *BSD. The last two aren't really commercially driven. Heck, even RedHat only wants you to pay for the support, not the source or the binaries.

      It's a deterrant for people who don't want to pay a laywer to figure out what the hell the legal definition of "Non-Commercial use" is. I'm fairly confident that the semantics of "Non-Commercial use" are something that can't accurately be predicted in advance. It's a judgement made by a judge in a court of law if there is a dispute. I can't afford to risk those types of costs (if I use the icons on my desktop at work, does that constitute "Commercial Use", if I am using them on a website that promotes someone elses product is that "Commercial Use", but I don't sell anything on the site and am in no way affiliated with the products?). What if I embed it in a project that is GPL'ed, but eventually start a consulting business doing support for said project? Is that "Commercial Use"? It's a nasty little legal area, that while there are good rules of thumb, until you have a judgement from a judge in that jursidiction, you won't know.

      This is why it's best to avoid every using someone elses work. It's hard and expensive to tell if something is a derived work. It's hard and expensive to tell if this is an infringement of a Trademark. It's hard and expensive to tell if this is Commerical Use. It's hard to tell if this is "Fair Use" under copyright. If you can avoid those things, especially if you are a big legal entitity, you are best to do it. It's why I stay with relatively simple non-judgemental things when I do stuff. Absolutely no GPL software is linked with my stuff at work. No LGPL'ed software. There are no questions about who violated what then. There are no questions about if I am distributed binaries. It's all black and white. We aren't going to ever distribute our software. We use the software internally to provide a service. However, I won't be shocked if someone asks us to escrow the source, or

    40. Re:Non-commercial elements of the Creative Commons by zotz · · Score: 1

      "I take pictures. I release them under a the Creative Commons Attribution Non-Commercial 2.0 license. If people want to use them to create art, they're welcome to do so (and many have.)"

      I am doing something similar... They will be released here:

      http://zotz.openphoto.net/

      Only one up so far.

      My thinking is I will put up 1024x768 as CC BY-SA and sell rights to higher resolutions. If I ever reach predetermined (variable) income on a particular shot, a higher resolution copy will go up CC BY-SA. And so on.

      If non-commercial only prevented selling, I would not be so leery of it, there are just too many things that could be considered commercial and get you sued that have no commercial intentions and no profit potential that I intend to stay clear of NC works as ones to build on.

      all the best,

      drew

      http://www.archive.org/search.php?query=creator%3A %22drew%20Roberts%22

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    41. Re:Non-commercial elements of the Creative Commons by zotz · · Score: 1

      This is interesting info as I had heard that book authors did not face nearly the same problems as music creators in relation to not owning their copyrights.

      Any other authors of books run into this? Any book authors have their book published while still retaining ownership of their copyrights?

      all the best,

      drew

      http://www.archive.org/search.php?query=creator%3A %22drew%20Roberts%22

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    42. Re:Non-commercial elements of the Creative Commons by Dwonis · · Score: 1
      In they're head, they are thinking, "Hey! This is great! People who are doing non-commercial stuff can use. Like, if someone's making a Free Software video game, they can reuse it. So this helps all those net projects.

      Software that has non-commercial-only restrictions is not free software by anyone's definition.

    43. Re:Non-commercial elements of the Creative Commons by MrAndrews · · Score: 1

      you're actively restricting people from doing things they should be free to do.

      I may be daft, but I was under the impression that the Creative Commons licenses were a way to make it clear to people what type of uses they could make of particular works... which is to say: I have content that can be used commercially, so you can print it out and sell it on the street corner. But I have one that I don't let you use commercially (at least not without permission)... so if you want to print out THAT content and sell it on a street corner, you're messin' with my stuff.

      The idea is not to restrict how other people use content, it's to restrict how other busineses use content. Once you try and earn money off of someone else's efforts, you've crossed the line into being a "business". If we both write stories about sea turtles, and you can just willy-nilly reprint all my sea turtle stories without fear, you'll be riding off my hard work, and that's no good. Copyright is meant to protect me from you re-selling my work, and CC is meant to clarify the terms I set out.

      I've had this battle a few times in recent days with people, so it's fresh in my mind: if you read a book or watch a movie that you really enjoy, you're not obligated to pay for it, but you are obliged to. In the olden days that was a blurred line because the message was glued to the medium, but today we have to learn to distinguish the two concepts. The waters are all muddied because of large corps smashing consumers like they're competitors, but the truth is that copyright is useful for protecting artists from evil-doers (like... well, the large corps).

    44. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1

      Maybe I confused you. Sorry. I was more trying to make a libertarian copyright-is-bad argument than a CC is bad argument in that post. I just don't like the way people state things so they sound reasonable when they really mean something that isn't reasonable. "We're just protecting our investment." is a common one. No-one is denying you have a right to protect your investment, it's simply how some people protect their investment that is unacceptable.

      --
      How we know is more important than what we know.
    45. Re:Non-commercial elements of the Creative Commons by MrAndrews · · Score: 1

      Yeah, sorry I went bonkers there. I got myself into a massive, massive fight with someone earlier today about the same subject (despite my best efforts to stay calm) and I think I'm a bit trigger-happy right now.

      There is a real problem with how people protect their investment these days. Treating customers like criminals just makes it seem like being a criminal is not that big a deal.

      I should stick to coding. There's less politics to it. (ha!)

    46. Re:Non-commercial elements of the Creative Commons by Anonymous Coward · · Score: 0

      Yes, well let's see: there's Red Hat, Mandrake, Suse... who else? I can see how difficult it is for *all these people* to contact me - man, how could I ever manage the time to talk to them all?

      You have it the wrong way around. If those distributors had to contact every single person who had contributed graphics/sound/documentation/code, they'd spend the next ten years making phone calls.

      The open-source community thrives on free redistribution without having to grant permission on a case-by-case basis. A lot of the money Redhat makes goes straight back into developing open-source software.

    47. Re:Non-commercial elements of the Creative Commons by Anonymous Coward · · Score: 0

      I think that people on slashdot are overlooking the value of CC licenses for written works. They may not be the most appropriate licensing strategy for software, but for written compositions they are perfect. For example, PLOS Biology uses the CC licenses for copyright on their publications. I used a CC license for my thesis, and when I put parts of it online I will use the CC license to restrict it so that people can duplicate it as long as they cite me and keep it intact and it cannot be used for commercial purposes without my permission. What the hell is wrong with that? It may not be ideal for Open Source Software, but it's a great way for academics like myself to get our material out with well-tailored copyrights. If you don't like it for software, then use something else. That's the beauty of creating something; you can determine how it is used in the future.

    48. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1

      I heard a woman talking at one of RMS' presentations who said the best she had ever got out of a publisher was that they agreed to license her rights back to her if she handed over her rights. That's it. Otherwise they're not interested in publishing it.

      --
      How we know is more important than what we know.
    49. Re:Non-commercial elements of the Creative Commons by Anonymous Coward · · Score: 0
      Interestingly enough, I applied this license to something I wrote about Burning Man, which works hard to maintain a non-commercial atmosphere. I'm definately not opposed to this piece being redistributed commercially: I'm just opposed to this piece being redistributed at a cost that _I believe_ is not nominal.

      Why are you opposed to it? How does it affect you if someone sells it for a high price, since you've already allowed it to be distributed for free and you don't expect any money from it anyway? That sounds illogical.

    50. Re:Non-commercial elements of the Creative Commons by LionKimbro · · Score: 1

      Yeah.

      I know that.

      The problem is explaining that to people.

      (Though, we're not talking about the software- we're talking about things like icon sets and other artwork, here.)

    51. Re:Non-commercial elements of the Creative Commons by Feztaa · · Score: 1

      It means that only people who contact you directly can use your icon set. That's hardly freedom.

      Well, obviously! The creative commons licenses are just that, licenses. They are a set of restrictions that you place on your work in exchange for granting many freedoms that would otherwise not be there with normal copyright. The only way to grant "freedom" to your creative works is to unleash them into the public domain.

      Personally, I love the non-commercial restriction. I release all my photos with the by-nc-sa license. What it means is, "feel free to email this to your friends, remix it, etc. go wild. but I don't want you getting rich on my work. so if you want to do something commercial with this, contact me, offer me a cut of the profits, and we'll talk."

      It's not about freedom for the created works. They're inanimate objects, they don't care about freedom. What it's about is that I'm graciously giving you access, but it's on my terms. You have to play by my rules, or I'll take my toys home and nobody can play with them.

    52. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1
      I've already posted this but the other person I mentioned it to didn't respond so I'll ask you. If people are free to remix your stuff with their stuff, that means that they have to release their stuff under the non-commercial license too. Now multiply that by about a thousand times. How in the hell is anyone going to be able to track down every person (including you) who contributed to that creation so they can do something commercial with it? Simply put, they can't. That means this entire free culture that you've created by releasing your work so others can remix it will remain in the realm of hobbists.

      If we're talking about music, it means no-one can run a Free Culture Rave which charges admission to cover costs because it is commercial. It means that your local radio station can't play Free Culture music because they also sell ad space.

      If we're talking about images it means that no-one can make a documentary about free culture, or, if they do, they can't have it shown on tv or in a cinema.

      There's a large part of our world that isn't commercial but there's an even larger part that is. By releasing your work with these restrictions you're cutting people out for the sole reason that you think you're missing out on a buck.

      --
      How we know is more important than what we know.
    53. Re:Non-commercial elements of the Creative Commons by Feztaa · · Score: 1

      Now multiply that by about a thousand times. How in the hell is anyone going to be able to track down every person (including you) who contributed to that creation so they can do something commercial with it?

      Ideally, you would ask. Ask the person you are copying from, and they will say, "oh, I got this from Fez, you'll have to ask him". I'm not saying I'm controlling my content with an iron fist, if you're running a small-time operation and you just want to publish my photo in a small newspaper or something, and you're supported by advertisements, I might very well grant permission to do that for free, since it gets my name out there (eg, instead of viewing it as somebody stealing my work, I view it as free advertising for me).

      Also, you forget, my license requires attribution, so your big remix/collage type work will have to have a list of the original sources in it ANYWAY. Use that to track down the copyright holders to ask their permission for commercial uses.

      Basically, as of right now, the only place that I'm aware of that you can get my photos from is my website. My name is displayed, it's easy to find my email address. So if you see a photo you like on my website and you say "wow, that would be perfect for this collage I'm making!", so as per the CC license, you take that photo, put it in your collage, and then you attach a note that says (among other things) "photo of ___ taken by Fez". Then you release your collage, and somebody else comes along and says "wow, I want to publish that in my zine!", so that person reads the copyright notice that clearly says it's a by-nc-sa license, and shows the names of all the original copyright holders. then we can all easily be contacted for permission.

      And I know that sounds contrived. You might respond "yeah, but people AREN'T mentioning the names of the original copyright holders when they make these remixes/collages". Well, too bad for you then, because they're in violation of my license, which clearly states I require attribution. And if you think this all sounds like I'm placing hefty restrictions on my work, just remember, I never had to put it on the web for free in the first place. I could just as easily set up a website that requires you to pay just to look at them. Of course, that would defeat the purpose of my website, which is to advertise my (mediocre? you decide) skill as an (amateur) photographer.

      Frankly, this is how it is: The purpose of my website is to be a portfolio of my work. As a portfolio, it's job is to advertise me. If somebody takes my photo, makes it into a collage, and publishes it in some book and makes a lot of money, and my name isn't associated with that original photo, then my website has failed in it's purpose. It's nice if a photo of mine gets famous, but really only if my name gets famous along with that photo.

      See where I'm going with this? The goal of my website is not to let you do whatever you want with my work, it's to promote me. I don't care if you find my restrictions unreasonable, those are my terms and you can take them or leave them (or maybe ask me nicely and we'll negotiate some different terms). Give me something I want, and then we'll see about giving you something you want. It's my work after all, and if you don't like it, make your own damn stuff and release it under whatever license you like.

    54. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1
      So I think it's fair to summarise your reply to my questions as "I don't care". Which is a good reason why the creators of the Creative Commons licenses should not be advocating their non-commercial licenses as they do care about free culture, that's why they put together the licenses.

      Thank you for answering honestly.

      --
      How we know is more important than what we know.
    55. Re:Non-commercial elements of the Creative Commons by millette · · Score: 1
      "Our web stats indicate that 97-98% of you choose Attribution, so we decided to drop Attribution as a choice from our license menu -- it's now standard."
      http://creativecommons.org/weblog/entry/4216
    56. Re:Non-commercial elements of the Creative Commons by zotz · · Score: 1

      "I heard a woman talking at one of RMS' presentations who said the best she had ever got out of a publisher was that they agreed to license her rights back to her if she handed over her rights. That's it. Otherwise they're not interested in publishing it."

      This is interesting, what kind of books are you talking about?

      I just pulled several novels down from the shelf and checked the copyright page.

      The only one that seemed to have some sort of corporate copyright notice was Foucalt's Pendulum by Umberto Eco. For all of the others, thbe copyright page claimed copyright in the author's name.

      For good measure, I pulled down some of my programming/computer books and checked their copyright pages.

      They all showed corporate copyright notices, even going back to Rodney Zaks' From Chips To Systems which has a 1981 copyright date.

      Any authors of each type of book care to comment and enlighten us?

      Practically, what is the difference in the copyright page showing the author versus the publisher anyway? I mean, the author would normally give some exclusive, regional publishing rights to the publisher for a particular format right?

      all the best,

      drew

      http://www.archive.org/search.php?query=creator%3A %22drew%20Roberts%22

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    57. Re:Non-commercial elements of the Creative Commons by QuantumG · · Score: 1

      That doesn't actually mean anything. The copyright notice can be in the name of the author and the author can still have handed their rights over to the company. It's a contractional obligation. I don't know what kind of books the woman wrote, probably novels.

      --
      How we know is more important than what we know.
    58. Re:Non-commercial elements of the Creative Commons by bbc · · Score: 1

      "As the creator and copyright holder of the piece, I believe I have the right to say how it's used."

      You also have the right to pay for an attorney to have a license drafted specifically for you.

      What Creative Commons (supposedly) is trying to do, is create a commons. A commons is not really a commons if everybody builds fences in it. Non-Commercial is counterproductive to the goals of CC--that is why it is a pity that they allow it in the first place.

    59. Re:Non-commercial elements of the Creative Commons by j00b4k4 · · Score: 1
      I've written several prose pieces where I have used Creative Commons to limit how it's used.

      Except CC doesn't limit how it's used; only how it's redistributed.

      With copyright law in general, there are some uses of a creative work for which the owner has no explicit or implied right to control. It's fair enough for you to get control over how your work is distributed as some monetary gain or loss is involved, but it wouldn't be fair for you to be able to tell people they can't put your work up on their walls, or ball it up and bury it in the backyard. How I use your work privately is my prerogative, and frankly, I'm glad you can't legally tell me otherwise.

    60. Re:Non-commercial elements of the Creative Commons by zotz · · Score: 1

      "That doesn't actually mean anything. The copyright notice can be in the name of the author and the author can still have handed their rights over to the company. It's a contractional obligation."

      I know, but as I have always understood it, an author might sell the north american first publishing rights to one entity and the european first publishing rights to another entity, etc.

      Is this not so?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    61. Re:Non-commercial elements of the Creative Commons by Elwood+P+Dowd · · Score: 1

      Thank you.

      --

      There are no trails. There are no trees out here.
    62. Re:Non-commercial elements of the Creative Commons by runderwo · · Score: 1
      As the creator and copyright holder of the piece, I believe I have the right to say how it's used.
      By "used" I hope you mean "modified and redistributed", not "how the consumer makes use of it".
      and did not want anyone to build upon to work to preserve it's artistic integrity.
      This is a lame excuse. This problem has already been solved in most free software licenses by stipulating that any modified versions must clearly be marked as such.
    63. Re:Non-commercial elements of the Creative Commons by runderwo · · Score: 1
      First of all, no it doesn't. What it means is that Red Hat, Suse, Mandrake, etc can't put your icon set on CDs that they *sell*. They're perfectly free to include it in a downloadable ISO, or some other means.
      This is a common myth. Anti-commerce clauses in licenses are frequently _not_ limited to the paid-for distribution of software. They usually state "you can't make any money from this software" or something similar, which is a much broader scope. It could trivially be argued that Red Hat is using freely downloadable ISOs to make money (if not, their shareholders would be mighty miffed with them). If you can't see this, think about their business model - based on a low unit price and extensive support. Getting the software onto as many desktops as possible increases their support volume, and nifty icon sets would be an attractive feature to a potential consumer.

      I would *only* agree that an anti-commerce clause is reasonable if it specifically limited itself to distribution where a significant profit is made on the distribution itself. Anything broader (or easier to write) essentially means that no profit-making enterprise can have anything to do with your product, which benefits you in no way (unless you're some anti-capitalist sort) and even further impedes others innovating upon your work.

    64. Re:Non-commercial elements of the Creative Commons by N3wsByt3 · · Score: 1

      hmm..I do think the parent poster has a point, though.

      you say:"Oh, wait- non-commercial. Can't use it. Damn..."

      But that's not actually true, is it? They CAN use it, provided they don't sell it. And this IS possible to do, at least for Open source/free software.

      --
      --- "To pee or not to pee, that is the question." ---
    65. Re:Non-commercial elements of the Creative Commons by KiloByte · · Score: 1

      Can use it on a web page or such: sure.

      Can use it for a Free Software piece of software? Nope.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  7. not just money by ackthpt · · Score: 1
    Unless the production company reserves all rights, they feel they will lose money. No lawsuits over unauthorzed translations, no lawsuits over non-commercial copying and viewing, etc....

    Not just money, but creative control, which is what production companies are best at screwing people out of almost as good as money.

    Imagine a world where you could make your own animations featuring Mickey Mouse, Donald Duck, et al. without any permission as to how you use them. Same goes for the portrayal of a part in a play/screenplay. You've got to play by certain rules or rights holders revoke permissions or simply send over their Bucket o' Lawyers to cut you off at the knees.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:not just money by Qzukk · · Score: 1

      You've got to play by certain rules or rights holders revoke permissions or simply send over their Bucket o' Lawyers to cut you off at the knees.

      Or you could come up with your own new characters and go from there, with no licenses, no lawyers, no oversight. Of course, you'll have to work harder to build a brand from the ground instead of buying your way into Star Wars or The Jungle Book, or I Robot (was any oversight involved there?)

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:not just money by ackthpt · · Score: 3, Insightful
      Or you could come up with your own new characters and go from there, with no licenses, no lawyers, no oversight. Of course, you'll have to work harder to build a brand from the ground instead of buying your way into .. I Robot (was any oversight involved there?)

      Precisely, yet observe how many horrendous works come out after an artist/author dies. Think Dr. Suess would have stood still for the trashing of The Cat in the Hat?

      For some utterly bizarre reason people feel they must retain absolute control of an idea, even if it means killing it. Michael Critchton was rather pissed with the treatment a couple of his books recieved, when made into films. IIRC Rising Sun was one of them, all the suspense was stripped out of the story and it became a tired showcase for actors everyone was supposed to be dying to see in another film. His mistake, for the money he signed away rights (or maybe signed them away to his publisher who then sold them to the motion picture ship of fools.) When you sell your ideas, don't look back.

      --

      A feeling of having made the same mistake before: Deja Foobar
    3. Re:not just money by 91degrees · · Score: 1

      Or you could come up with your own new characters and go from there, with no licenses, no lawyers, no oversight.

      Actually, I think that Mickey mouse is a bad example. They're not as heavily ingrained into the culture as Disney would like us to believe. Star Wars would be a better option. There are a lot of fanboys with their own idea of what the Star Wars prequels should have been. Maybe some of them would have done a better job than George Lucas. Sadly, we'll never know.

      Before copyright, people regularly raided exisitng stories, and even with copyright, ideas from the public domain are constantly being resurrected and renewed. There are a lot of teen-movies that basically rip off the plot of Cinderella, and a version of The Tempest (Forbidden Planet) is considered a sci-fi classic.

      New ideas are good, but new twists on existing ideas can work very well.

    4. Re:not just money by Anonymous Coward · · Score: 1, Interesting

      Of course, you'll have to work harder to build a brand from the ground instead of buying your way into Star Wars or The Jungle Book, or I Robot (was any oversight involved there?)

      The Jungle Book is in the public domain, even in the USA.

      Rudyard Kipling died in 1936. The Jungle Book fell into the public domain fifty years later, in 1986. The Sonny Bono Copyright Term Extension Act, passed in 1998, did not apply retroactively to copyrights which had already expired. This of course only applies to Kipling's novel _The Jungle Book_, written in 1894.

      It does not apply to Disney's ghastly derivative work: that movie is slated to fall into the public domain in the USA 95 years after it's copyright date, or in the year 2062, barring changes in copyright law.

      See http://nobelprize.org/literature/laureates/1907/ki pling-bio.html for more info on Kipling's life and work.
      --
      AC

    5. Re:not just money by Breakfast+Pants · · Score: 1

      Dr. Suess sold his ideas too. Or at the least left them to his inheritors and they sold/licensed/mutilated them. So in a sense, Dr. Suess did stand still for the trashing of The Cat in the Hat, perhaps he just didn't see it coming.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    6. Re:not just money by Anonymous Coward · · Score: 0

      Yes, but if you tried to make a good cartoon based on the story, Disney's lawyers would hunt you down and flay you alive. Probably any other adaptation of the book to the silver screen as well. All they have to do is throw millions at the court claiming that it must be a derivative work of the cartoon, not the book.

    7. Re:not just money by cpt+kangarooski · · Score: 1

      The problem, however, is that Disney has no copyright on those portions of the Jungle Book movie that are derived from the book. It's perfectly okay to use them as the source for those portions.

      So their job would be significantly harder in that they'd have to show that your cartoon was based on some part of their cartoon that they didn't derive.

      There've been quite a few adaptations of the Jungle Book since Disney's, btw. I doubt they'd make trouble for you in this manner.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:not just money by Anonymous Coward · · Score: 0

      Mickey mouse is raided from both the public domain _and_ other copyrighted works. Steamboat Willy is "inspired" by the Buster Keaton film Steamboat Bill, Jr. The original design for Mickey seems to have come straight from the black and white minstrel tradition.
      Blech, when I consider that this film actually went out of copyright before the Sonny Bono copyright extension act was passed, but had its own temporary extension granted by congress so that it wouldn't fall into the public domain I just feel sick and disgusted at the whole system.

  8. Simple - it's a union. by Anonymous Coward · · Score: 1, Insightful

    how is that bad, exactly?

    Simple - it's progress, and the MEAA is a union. Progress is something that unions around the world hate and work against.

    1. Re:Simple - it's a union. by Anonymous Coward · · Score: 0

      except for in the early days when the unions fought and won for an 8 hour day, fourty hour week, paid holidays, medical benefits, higher wages, unjustified firings, . . .

      The unions may have become as corrupt as any corporation, but it was the younger generations who sold us out.

      They will work for peanuts and still believe they can get ahead by working harder, all the while moving us back to the days of the company store.

    2. Re:Simple - it's a union. by Anonymous Coward · · Score: 1, Insightful

      Well, Mr. union hating maoderator(Insightful), maybe we should send you a thousand years into the past, or even a couple hundred years, before there were unions. Then we might see how you like working more than 80 hours a week with no time off until you're dead. You damn people have absolutely NO idea how easy your life is because of the unions. Spoiled brats you are!

    3. Re:Simple - it's a union. by bayvult · · Score: 1
      I dunno. I like the idea of a weekend. I don't like the idea of sending 8-year olds down mine shaft.

      Both of those I define as progress. YMMV.

  9. Gotta love Creative Commons! by rscrawford · · Score: 1

    I've got a couple of papers (nothing professional, mind you, just short grad school papers on the use of open source technologies in public libraries) and a short story all licensed under a Creative Commons License.

    Most of the writing I do, however, I'm not licensing yet. I need to see how the rights that mainstream magazine and anthology publishers want to buy work alongside Creative Commons licenses. Some of us still want to make money off our writing someday (well, we can dream, at least).

    --
    -- The reason it's called the right wing? Irony.
  10. Re:you know by QuantumG · · Score: 3, Funny

    Yep, and America is full of gun totting Christians.

    Oh, and Denmark is full of clog wearing porn stars who own chocolate factories.

    And, France is full of stuck up arrogant smokers who.. (oh wait, that one's true)

    Can you at least try not to generalise an entire nation?

    --
    How we know is more important than what we know.
  11. Re:you know by schon · · Score: 3, Funny

    Denmark is full of clog wearing porn stars who own chocolate factories.

    Why am I just being told this now??!?!?!

  12. Re:you know by The+Fanta+Menace · · Score: 1
    Prove me wrong

    Well, you're not here, so there's one racist bastard that we don't have...

    --
    -- Even if a god did exist, why the fsck should I worship it?
  13. Australia? by HyoImowano · · Score: 0, Flamebait

    Does anyone really care what Australia thinks anymore?

    --
    By now you should have guessed...I'm your magic negro.
  14. Re:you know by Anonymous Coward · · Score: 0

    The sad part of this is that you weren't even trying to put your foot in your mouth were you?

    Racists obviously come in your color too.

  15. Austrailia is hardly FULL by Anonymous Coward · · Score: 0

    [...] for some reason it seems Australia is full of racist bastards. Basically, white people.

    According to the CIA factbook, Austrailia is far from full.

  16. Re:you know by Drachemorder · · Score: 1
    "Yep, and America is full of gun toting Christians."

    Hey! I resemble that remark!

  17. Over a barrel by Stumbles · · Score: 4, Interesting
    has forbidden its members to work in Creative Commons productions.

    I think the above phrase is being overlooked by most people. I mean that's a pretty strong statement, to paraphrase, "I/We forbid you to do any work that does not make us money."

    The question I have, is that part of "the members" contract or is this "a new policy"?

    Either way I have to wonder just how far they can go at curtailing a members outside activities.

    --
    My karma is not a Chameleon.
    1. Re:Over a barrel by Anonymous Coward · · Score: 1, Informative

      Either way I have to wonder just how far they can go at curtailing a members outside activities.

      They can fine members. Expel them from the union if they refuse to pay. And if they're not in the union they won't be able to get union work.

      It's not a case of "we forbid you". More "We collectively agree that we will not" on the grounds that overall it does more harm than good.

    2. Re:Over a barrel by Jah-Wren+Ryel · · Score: 2, Insightful

      "We collectively agree that we will not" on the grounds that overall it does more harm than good.

      The problem is, of course, who is "we?" Sounds like some sort of union "high counsel" making the decision and not the rank and file. In the long run, CC-licensed productions may be the best thing to happen to the industry, but it sounds like the union management has their head right up there with the MPAA's - deep in their respective asses that is.

      Unfortunately, I bet SAG will be just as myopic too.

      --
      When information is power, privacy is freedom.
    3. Re:Over a barrel by Alsee · · Score: 2, Interesting

      to paraphrase, "I/We forbid you to do any work that does not make us money."

      Unless I'm mistaken, they offered MORE THAN DOUBLE payscale. 110% above normal.

      They just plain forbid members to do any Creative Commons work. They refuse to accept Creative Commons money and they forbid their members to take any Creative Commons money.

      I can't help picturing a black man sitting down in a diner and the white owner telling the waitresses they can't serve him any food, even after he offers to pay double. "We don't like your kind coming 'round here making trouble".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Over a barrel by Anonymous Coward · · Score: 0

      I can't help picturing a white man sitting down in a diner and the black owner telling the waitresses they can't serve him any food, even after he offers to pay double. "We don't like your kind coming 'round here making trouble".

      Work against racial stereotypes.

  18. MEAA? by ta+bu+shi+da+yu · · Score: 2, Interesting

    Are they an important part of Australian film making? And if so, isn't this restraint of trade?

    --
    XML is like violence. If it doesn't solve the problem, use more.
    1. Re:MEAA? by Anonymous Coward · · Score: 0

      This begs the question of whether Australian film making has an important part. From what I gather, they're all hoping Mel gets on his meds so he can manage to shoot another Mad Max movie without going on one of those scary religious rants again. After all, Men At Work videos and Crocodile Dundee movies don't seem to be making the big splash they used to.

    2. Re:MEAA? by Anonymous Coward · · Score: 0

      Yep, no decent films made down under.
      I mean The Matrix and Farscape etc. are so bad no-one would want to make films in Oz, would they?

    3. Re:MEAA? by ta+bu+shi+da+yu · · Score: 1

      Wow. Can we say "missing the point"?

      --
      XML is like violence. If it doesn't solve the problem, use more.
  19. Re:you know by ReverendLoki · · Score: 3, Funny
    From the CIA factbook:

    Area - land: 7,617,930 sq km
    Area - comparative: Slightly smaller than the US contiguous 48 states
    Population: 19,913,144 (July 2004 est.)

    This tells us that there are only approximately 2.6 people per square km, and thus, unless these are really enormous people, Australia is most definitely not full.

    Therefore, you are proven wrong.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  20. Small Wurld... by Mr.Progressive · · Score: 2, Funny
    Sony BMG, Universal Music Group, EMI and Warner Music Group, for instance, inked deals to distribute songs on a fee-based download service run by Wurld Media, a Saratoga Springs, N.Y., peer-to-peer software company.

    Does anyone else think these guys made a serious typo in their Articles of Incorporation and couldn't be bothered to fix it?

    --
    Okay, so a philosopher, a philologist, and a philatelist walk into a bar...
    1. Re:Small Wurld... by Anonymous Coward · · Score: 0

      Its a lot easier to get a trademark for Wurld Media than it would be World Media. Cheaper and less risky as well.

  21. Re:you know by Rude+Turnip · · Score: 1

    "Oh, and Denmark is full of clog wearing porn stars who own chocolate factories."

    Which is fine by me, as long as they don't tape their movies in the factories. When I bite into a piece of Danish chocolate, the only creamy thing I want in my mouth is caramel.

  22. We need more CC webcomics. by FooAtWFU · · Score: 1
    Seriously, people need to start pushing the idea of the Creative Commons licenses to webcomic artists out there. My own comic (link above) is CC-BY-NC-SA. I figure that this sort of license is a whole lot better than me trying to come up with my own sans lawyer, and the 'noncommercial' bit would preclude most of the stuff you would be worried about (people printing your comic in books in an unauthorized manner, or sticking up your comic with ads on some site you don't want them to...)

    And if you're really concerned with artistic integrity, there's a No-Derivatives version last I checked.

    --
    The World Wide Web is dying. Soon, we shall have only the Internet.
  23. Why? by northcat · · Score: 1

    Can someone please tell me why they are doing this without going into conspiracy theories/nonsense?

    1. Re:Why? by Anonymous Coward · · Score: 0

      Money.
      More specifically they probably have a royalty requirement that must be in place for all contracts involving guild actors. With free copying you get no royalties. This either directly has an effect if the group gets a cut of the royalties or indirectly affects them if they feel that letting even one non-royalty contract through creates a slippery slope that will lead to reduced royalties. Royalties are what puts food on the plates of actors in commercials or who have bit parts so its a big deal to the group.

  24. And the award ... by rhysweatherley · · Score: 1
    And the award for burying their head in the sand and hoping that reality goes away goes to ... MEAA.

    Seriously, if the actors know going into this what will be done, and are being paid a fair wage to appear, where's the beef? Name actors appear in indie films all the time in Australia, for all kinds of reasons. Sometimes for no pay at all. How is this different?

  25. strange interests for a labor union by Anonymous Coward · · Score: 0

    Is it a misguided attempt to keep from having any exceptions where actors rights are taken away or something shadier? (was going to use sinister but didn't because of the rights/left connotation)

    Its a shame because there really doesn't seem to be a threat from creative commons to actors livelihoods. To the extent that creative commons is non-commercial it really falls outside of the film industry and shouldn't be regulated as such. In the US, SAG can be pretty brutal on actors who don't make big bucks. They can be forced to turn down roles and get blacklisted in the industry if they don't even if they need the income to get by.

    1. Re:strange interests for a labor union by Anonymous Coward · · Score: 0

      it's not a threat to actors if they understand they are being paid for the performance and that's it. it's a threat to the unions who do nothing but bully actors and get a cut of whatever the actors' pay and royalties earned when the film is brought to cable, DVD production, etc. They see Creative Commons as something that will dramatically cut their future income.

  26. Suggestion by ta+bu+shi+da+yu · · Score: 3, Informative

    There is an email form to register your disgust.

    --
    XML is like violence. If it doesn't solve the problem, use more.
    1. Re:Suggestion by Anonymous Coward · · Score: 0

      hey, if you're not a member, who are you and how does it serve you to register your disgust? Become a member then register your disgust. Besides, I personally know a number of people who work for the MEAA and are decent, passionate people who are strongly convicted to getting the best for their members. If the members don't feel that the MEAA is doing a decent enough job, it's their right to let them know. You on the other hand, are irrelevant.

  27. I'm withholding opinion by sfjoe · · Score: 2, Insightful


    I'd like to get this story from a source that's not named "Boing Boing" and doesn't use words like "sez" in their articles. Even Fox News would be a better source of information. Maybe.

    --
    It's simple: I demand prosecution for torture.
    1. Re:I'm withholding opinion by Ex+Machina · · Score: 1

      Dude, you're on slashdot.

    2. Re:I'm withholding opinion by GeorgeH · · Score: 1

      And you're on Slashdot becuz... ?

      --
      Why can't I moderate something "Wrong" or at least "Grossly Misinformed"?
    3. Re:I'm withholding opinion by Cletus+the+yokel · · Score: 2, Informative

      "I'd like to get this story from a source that's not named "Boing Boing" and doesn't use words like "sez" in their articles. Even Fox News would be a better source of information. Maybe."

      This seems to get brought up pretty much any time boingboing is mentioned on slashdot. boingboing.net is a blog run by Cory Doctorow, a science-fiction author, journalist, and activist. He's active in the EFF and the Creative Commons movement. He tends to get covered by slashdot a lot.

      --
      Wanted: One witty yet thought provoking .sig - Apply here.
    4. Re:I'm withholding opinion by Anonymous Coward · · Score: 2, Informative

      The boingboing.net article was gleaned from apc.au ITC Rights Monitor which took their info from the Modfilms.com homepage, which also has the press release in .pdf format.

    5. Re:I'm withholding opinion by bbc · · Score: 1

      "I'd like to get this story from a source that's not named "Boing Boing" and doesn't use words like "sez" in their articles."

      Well, if you asked perhaps you would get a link to that source, but then again, who is going to invest time in somebody who hides behind a ridiculous name like "sfjoe" and who signs his messages with "Buy Blue!!". I'd rather spend my time helping Condoleezza Rice. Maybe. Hell no!

  28. Re:you know by Anonymous Coward · · Score: 0

    thats quite a disposition you have going there towards white people :) i take it you are australian

    I wonder if governments else where are makeing the same efforts for cultural/social integration as they do here the internet makes me think no
    then again last week i found out a country less then a 1000Km away from me give's away nifty machiene guns to all it's citizens.

    anyway i've seen CC a few times in the news nothing bigh though

    O yeah i think you meant to say
    as for some reason it seems Australia is full of racist gay bastards.

    but if they are gay think about it, do you blame them for being racist.

    I know i know troll me already

  29. Re:you know by Anonymous Coward · · Score: 0

    > Australia is full of racist bastards. Basically, white people.

    No kidding. I hate how those racist Australians and white people are always generalizing entire groups of people.

    www.EmpiresOfSteel.com

  30. Get out the future's way before it runs you down by FunWithHeadlines · · Score: 1
    "The MEAA Board decided that it could grant none of the dispensations sought by MOD Films, on the grounds that these would be "inappropriate."

    Then the actors said they could grant none of the wishes sought by the MEAA Board, on the grounds that these would be "inappropriate."

    Or at least I hope that what some of them say, though I don't know how hard that might hit them in the wallet. Look, the future is coming, and the MEAA can either join the 21st-century, or they can fade into irrelevance. Their choice, but the future already made its choice.

  31. Non-union pornography! by buckhead_buddy · · Score: 1

    My is this news for nerds? Aren't most porn actors and sock puppets non-union anyway?

  32. Re:you know by Dogun · · Score: 1

    You are technically correct.

    The best kind of correct.

  33. Re:you know by Dogun · · Score: 1

    I'm white.

  34. Creative Commons is new licensing scheme? by game+kid · · Score: 1

    Then I guess all our errors are belong to MSNBC.

    Somebody set them up a spelling complaint.

    --
    You can hold down the "B" button for continuous firing.
  35. Re:you know by weighn · · Score: 1
    ...and of course knew that it was not going to be good news, as for some reason it seems Australia...

    I was going to post something vaguely along those lines.
    Only, rather than flaming I was thinking along the lines of...

    This little Orsie apologizes for yet another example of dumbass politcal bollocks, plebian-archaic-techno regulation and rank shortsightedness from our "Representitives".

    In other news, our fucked up governbent just wiped out the student union movement, leaving university student bodies down $140 million from next financial year. Why? Cos they dared to be critical of a government that kills off any chance of education for the masses and when the workforce discovers that skilled labor is in short supply, the PM calls in more immigrants. Stupid fucking cunt Howard. </rant>

    --
    Mongrel News all the news that fits and froths
  36. Re:when in doubt.... by Dogun · · Score: 1

    crybaby minorities... like me?

    When in doubt, call the other person a crybaby.

  37. Addendum by Dogun · · Score: 1

    Alright, to be less brief.

    I am an American, but a bad one. I don't ever plan on owning a gun, I hate white people as a matter of principle, even though I am one.

    That having been said, perhaps my generalized criticism of white people should not be an international one.

    What I meant to say is that I have an equal amount of hostile feeling toward people in positions of power in Australia as the poster above this comment, despite not being an Australian. Their immigration policies have often made my teeth grate, and I am quite displeased with Australian telecommunications industries. The Australian entertainment industry enrages me only slightly less than the US equivalents, but that's only because I hear much less about them.

    Also, people have noted that no, Australia is NOT full.

    I will thus restate my statement to say the following:

    Every time I see the word Australia in a paragraph about something I cared about and was originally optimistic about, I cry inside because I know that Australia is not a fertile ground for ideas that I like.

    Also, I should be clear about that 'racist bastards' remark. I am of the potentially wrong opinion that whities from Australia are about as racist as whities from Montana. I have nothing against bastards, and understand that the majority of Australians aren't bastards. One of my good friends is a bastard. I don't hold it against him.

    Then again, he IS white. And I do hold THAT against him.

    1. Re:Addendum by Anonymous Coward · · Score: 0

      The amusing thing is that you are calling others racist when you yourself are. You just hate your own race (as if that somehow makes it better).

      I'm not sure what problem you have with Australian immigration policies (maybe we accept too many asians for you?).

      I agree Australia is not full (depending on your definitions), our population density is among the lowest in the world. Of course, most of the landmass of Australia is desert but dying of thirst is such a trendy death these days.

    2. Re:Addendum by femto · · Score: 2, Informative
      Not all Australians are racist. In fact the majority aren't. It's just unfortunate that we have a racist (and an opportunist) as Prime Minister. Trust me there is a *SHITLOAD* of opposition here in Australia to what our government is doing to refugees.

      Then there are those who are working for refugees, but don't set up websites about it.

      There are hosts of similar sites, set up by those working to do good (unlike our government) on the issues of Aborigines, invading other countries and being a good global citizen.

      Australia is a diverse community, about which generalisations cannot be made. I agree Australia's image is tarnished, but I also point out that a lack of shine does not sit well with many Australians.

    3. Re:Addendum by Dogun · · Score: 2

      Incorrect. I in fact think the opposite, Australias immigration policies are not open enough. Why would I hate Asians? I wish I were one.

      Historically (until 30 years ago), there's that whole 'White Australia' policy.

      I don't know much about the interim, but more recently, they've tightened restrictions on immigrants who aren't exceptionally skilled with English, while touting it as a plan to have an open and nondiscriminatory immigration policy. More like whitewash it.

      http://www.wsws.org/articles/1999/jan1999/imm3-j 26 .shtml

      If anything, I would characterize Australia's immigration policies as anti-Asian, relative to levels in the past.

      I think the real reason they tightened language restrictions was not out of public interest in the ability of newly settled people to communicate, but a targetted attempt to decrease immigration from countries where skill in English is not all that common.

      I know there is a big hubub over the "Hey, our immigration law no longer separates by race!" thing - do a google search for Australia, immigration, and discrimination, and you'll see that hubub for yourself.
      But that PR blitz is just that. So that white Australians can live in their happy little worlds and believe that they don't have immigration policies specifically designed to keep non-skilled Indians, Chinese, and other peoples out of their predominantly white nation.

      If you can find any immigration data from circa 1985 or so to today, broken down by country of origin, please post a link and I will retract my "Australia has racist immigration policies" statement.

    4. Re:Addendum by Dogun · · Score: 1

      I have visited a few of those sites in the past, actually.

      I do not think that all Australians are racist.

      But I do think that a good number of people in power are racist. And I think they often say one thing while doing another. For example "Let's have less discriminatory immigration policy! Yay everyone, we now have nondiscriminatory policies! Rejoice!", all the while making it harder and harder for people from non-English speaking countries to immigrate, effectively selecting against them.

      I am actually amazed and envious at the level of zeal with which some Australians are critical of government policies. At the same time, I don't think there are enough of you, or, at least, if there are, the media does everything it can to make it seem smaller than it is.

      Also, I'd like to point out that if I didn't hold so much optimism for Australia, I wouldn't be bitching about it. With time, either ideas will change or the youth will grow up and displace the old windbags who grew up under 'White Australia.'

    5. Re:Addendum by zsau · · Score: 1

      Actually, Australia is full. It mightn't have as dense a population as Europe or America, but it has as much, possibly more, population than it can support. I'm fully in favor of any policy that reduces immigration, not because I'm racist, but because I'd rather our population decrease.

      --
      Look out!
    6. Re:Addendum by Anonymous Coward · · Score: 0

      > Why would I hate Asians?

      Well, let's see - you hate white because "they are racist". Are you aware of the racism that exists in Japan? Probably not, but the Japanese are quite xenophobic. Oops. Did I just ruin your "only white people are racist" game?

    7. Re:Addendum by Dogun · · Score: 1

      Nope, because that wasn't my game.

      If you'd prefer to continue arguing strawmen, be my guest.

    8. Re:Addendum by weighn · · Score: 1
      Also, people have noted that no, Australia is NOT full....Australia is not a fertile ground

      If I can take that second phrase entirely out of context. Have you looked at a map of Australia? Do you have the slightest fucking clue about our natural environment? Or how 2 centuries of European farming practices have dried and salinated an already barely fertile land?

      You, mate, are an idiot.

      --
      Mongrel News all the news that fits and froths
  38. I suspect by GeorgeMcBay · · Score: 0, Troll

    I suspect Creative Commons licensed work will just be assigned to shit that nobody wants anyway, just as "Free Software" licences are assigned to crappy software nobody wants to buy (eg, Linux).

    1. Re:I suspect by usurper_ii · · Score: 2, Interesting

      Well, I have a lot of **time** in some practice Cisco CCNA test questions and I released them under a Creative Commons license:

      http://www.quest4.org/ccna/

      I guess some people might think it is crappy, but in the end, I hope to have a test question pool that equals the questions in software that sells for anywhere between 10.00 and 60.00 (true, you do get some extra features).

      Why did I release under a Creative Commons? Because I really wish someone could fill in the holes and come up with a really good test engine for the questions. I don't have time to do that, myself. And as long as they don't charge for the program, I don't care what they do with the questions.

      In the end, I think everyone wins with Creative Commons.

      Usurper_ii

  39. What? by Anonymous Coward · · Score: 0

    That's exactly the same as music/movie industry copyrights except for free distribution. If there's nothing wrong with your restrictions, I don't see anything wrong with their restrictions. As the creators and copyright holders of the music/movies, I believe they have the right to say how they're used.

  40. Re:you know by purple_cobra · · Score: 1

    This tells us that there are only approximately 2.6 people per square km, and thus, unless these are really enormous people, Australia is most definitely not full.
    Erm, they are. The average Australian is approximately 50m tall, maybe larger since I last looked. Why do you think we keep them in the Commonwealth? I'll tell you: if anyone dares to pick a fight we'd send a couple of Aussies around to stamp their country into dust. Environmentally-friendly, and it gives our antipodean friends chance to see the world, albeit from a long way up.
    The inhabitants of New Zealand are, in fact, originally from Australia but were forced into permanent migration by their far larger brethren. Poor devils were nearly driven to extinction, and it was by sheer carelessness alone; the larger Australians simply didn't worry about anything so small being crushed underfoot.
    Ask any Aussie about the veracity of these facts and they'll be happy to oblige.

  41. Free music, go ahead suckers by geekee · · Score: 1

    If everyone switches to creative commons, I'll never pay a cent for a movie or for music again. That's the economics of it for me.

    --
    Vote for Pedro
  42. You can't lawfully spend a photocopied $100 note by tepples · · Score: 1

    and today information is the currency for a freer society.

    You can't lawfully spend a photocopied $100 Federal Reserve note, and you can't lawfully reproduce and distribute a work published by big media. A copyright apologist would claim that information is to currency as copyright is to anti-counterfeiting laws.

  43. May not mean that much by Jherek+Carnelian · · Score: 2, Informative

    the Australian equivalent of the Screen Actors Guild, the MEAA, has forbidden its members to work in Creative Commons productions. 'The MEAA Board decided that it could grant none of the dispensations sought by MOD Films, on the grounds that these would be inappropriate.'

    I'm sure I don't have the correct terminology, but in the USA independent productions (i.e. very little, if any pay) can get exemptions from SAG which allow union actors to officially work on the project - I guess there are still some minium standards they require of the production like workmans comp.

    Furthermore, union actors often work on non-union projects under a pseudonym and to the best of my knowlege. no SAG member has ever been forced out of the union for working in a non-union project.

  44. Substantial similarity by tepples · · Score: 1

    Or you could come up with your own new characters and go from there, with no licenses, no lawyers, no oversight.

    Then watch Marvel, Disney, and the rest of the big-media fiction rights holders sue you, alleging that your characters are "substantially similar" to theirs. It's even worse for music.

  45. Re:you know by Anonymous Coward · · Score: 0

    They wiped out the student union movement? You mean I am no longer forced to fork over hundreds of dollars I don't really have in order to fund Labor party agendas?

    Hallelujah!

    Hopefully this is just the start of a massive culling of all Union movements. The less thugs in this world the better.

  46. Re:you know by weighn · · Score: 1
    The less thugs in this world the better

    There are bigger, badder, uglier, richer, more powerful thugs in business and givernment than there ever were in any union.

    Divided, we are powerless. It's then that you'll see their teeth.

    Oh, and it's Labour you idiot.

    --
    Mongrel News all the news that fits and froths
  47. Public domain by spywarearcata.com · · Score: 1

    When I put a bunch of my stuff in the public domain in the mid 1990's I knew well that this was both irrevocable and that--if a person so chose--he or she could used the work in any way they wanted to, including commercially.

    I have since seen several product contain my compilations. I see this as a good thing if my goal was (and it was) to make sure the material had a wide a distribution as possible, including free for the small shop just starting out.

    Putting things simply into the public domain, especially in the age of the internet where it can be easily found and cheaply retrieved, is still the way I would go.

  48. Whoa by Anonymous Coward · · Score: 4, Funny

    "What if I write something truly insightful in one of these posts? "

    Dude, stick with the realm of possible here for just a few minutes. I can't get past this line.

    1. Re:Whoa by SydShamino · · Score: 1

      *grin* Yes, I hoped that a few people would chuckle at that. But on rare occasions insight does happen to everyone, now matter how hard they try to avoid it.

      --
      It doesn't hurt to be nice.
    2. Re:Whoa by Anonymous Coward · · Score: 0

      "One downside of public domain is that it doesn't nothing to avoid the implication of plagiarism."

      With grammar like that, you could be the next US president!

  49. No, Mr. Kneejerk Union Man by Anonymous Coward · · Score: 0

    What you're saying is true, and unions are important, and I support them. But its not 1890, or 1930 or even 1980 any more. They've got to adapt or die.

    What exactly is labor's plan for protecting U.S. workers rights against cheap outsourcing?

    If they don't have an answer for that basic question, its a good bet they're irrelevant.

  50. Re:You can't lawfully spend a photocopied $100 not by Taladar · · Score: 1

    I think the GP chose his words poorly. Information is more like the air we breath, not like a currency. I hope nobody tries to limit breathing legally ever...

  51. Union Ideal Gone Sour by Anonymous Coward · · Score: 0
    What's a union doing telling its members what they can or cannot do with their time? I'm a writer rather than an actor, but no writers union is going to tell me I can't write for free or place my work under a Creative Commons license.

    A century ago, unions were thought to be one of mankind's great hopes. It was assumed they would stand up for workers against people such as John Rockefeller and Henry Ford, both notorious for crushing strikes with hired thugs.

    Unfortunately, that's hasn't happened. Like the pigs in George Orwell's Animal Farm, many present-day union officials seem to believe that some workers (themselves) are "more equal" than others. Sad.

    --Mike Perry, Seattle, Author: Untangling Tolkien

    1. Re:Union Ideal Gone Sour by werdna · · Score: 3, Informative

      Its more reasonable than it seems. Actors own a right to publicity, the commercial use of their image, which is only granted in part to the production company for certain conduct related to the sale of the film. They negotiate this reservation of rights with the production companies, who then do not overreach with individual actor agreements on the point. Thus, folks who want to use a commercial film clip outside the scope need to negotiate with the actors to do so. This provides some residual rights for all actors in the film.

      The problem is that the standard provision gets in the way of the CC license. There is no obvious or practical solution here. The actors are asked to donate their right to publicity, which is simply outside the scope of the deal. The reason this provision is collectively negotiated serves largely to benefit the union members, but it does limit the scope of flexibility actors in the union have to give broader rights. And it does this by design.

      Now, I'm a US lawyer, so I may just be guessing what is going on down under. But that would be the problem if the issue came up here.

  52. Doesn't work in Oz by Goonie · · Score: 1

    Australia is a relatively small country, with a small film, television, and theatre industry. Consequently, there's not that many professional actors. Particularly when talking about mature actors in regular work, they'd all be instantly recognisable.

    --

    Any sufficiently advanced technology is indistinguishable from a rigged demo
    --Andy Finkel (J. Klass?)
  53. Re:you know by Anonymous Coward · · Score: 0

    There are bigger, badder, uglier, richer, more powerful thugs in business and givernment than there ever were in any union.

    Yes, they banded together and formed the Labor Party.

    And it is Labor (and government for that matter) you idiot.

    If you're going to bore us with your minority-view political opinions, at least learn to spell.

  54. Please dismiss this account with a better reason. by jbn-o · · Score: 2, Insightful

    I don't see how either of those disqualify one from being a worthy source of information. Instead, it looks like you're using poor criteria to give yourself no reason to justify looking into the information further by calling the MEAA Board or MOD Films and asking them for their input into the situation, or looking around for other coverage. So, if you insist on dismissing the account, I'd ask that you do so for a better reason than stylized spelling.

  55. Specificity counts in licensing. by jbn-o · · Score: 2, Insightful

    I can think of two reasons off the top of my head:

    1. It's insufficiently clear, believe it or not, for audiences that take copyright power seriously. Copyright grants powers that should be clearly qualified or dismissed if you want to convince most large commercial organizations that you're seriously placing no terms on the work. Debian, to name a group /. readers are probably familiar with, would criticize the license because it doesn't explicitly give permission to copy the work, make derivative works, distribute copies of the work or derivatives of the work.
    2. It's unnecessary. If you're genuinely interested in leveraging no copyright power over the work, the work could be placed into the public domain. People know what the public domain is and people build on works in the public domain. The Creative Commons organization has a public domain dedication to make things easy. If anyone doesn't trust a modern work being in the public domain, perhaps there is another license that achieves the same ends you want but is more widely accepted (such as the new BSD and MIT X11 licenses are for computer software).
  56. Re:you know by QuantumG · · Score: 1

    Compulsory student unions. Gotta fuckin' hate em. What's even funnier is that students doing higher research degrees are forced to pay a student services charge.. even though they use none of the services that students are provided. Part of that fee goes to a student union that doesn't even represent them.

    --
    How we know is more important than what we know.
  57. Re:you know by Anonymous Coward · · Score: 1, Funny

    Thanks QuantumG, you just caused the slashdotting of Denmark itself.

  58. Re:you know by Junior+J.+Junior+III · · Score: 1

    Australia is mostly not prime real estate, whereas a much greater percentage of the 48 states of the US have areas where people would actually like to live.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  59. Re:you know by zsau · · Score: 1

    Some people prefer to spell in alternative ways. 'Labor' was an acceptible spelling in the late 1800s, and it took one major Australian newspaper till the late 1990s before it homogenised. One major political party still uses the old spelling, standardised upon as late as the 1920s.

    --
    Look out!
  60. Re:you know by spuzzzzzzz · · Score: 1

    Every school I have ever been to has had some form of student governance. In primary school, of course, the school government is pretty powerless, but they gradually get more powerful as the students get older.

    I just see the Student Union as a bigger version of the student governments we had in high school. It gets most of its funding directly from the students rather than from the government but that's the only real difference. And the GSF is pretty insignificant compared to what I'm paying in HECS.

    Maybe if we called it something like "University Student Council" instead of Union, the Liberals wouldn't get quite so annoyed...

    Part of that fee goes to a student union that doesn't even represent them.

    They get to vote in the elections. They are entitled to use the facilities. Why do you say they aren't represented? I've never been to a public hospital. Does that mean I shouldn't contribute to their cost?

    --

    Don't you hate meta-sigs?
  61. Artitsts? by k-zed · · Score: 3, Insightful

    According to quite a number of articles here and on The Register, most (true) artists, authors and musicians were never really against file-sharing - it helps by spreading their work, lets more people experience their talent. It's just the traditional media company that doesn't like it's N-approaches-infinity percent profit margin diminished.

    --
    we discovered a new way to think.
  62. Star Dragon under CC license by mbrother · · Score: 1

    My first novel is available for free download under a CC license at my website above. Sure, at some level this is a gimmick, free advertising, that I hope will help paperback sales. But it is there.

    --
    Professor of Astronomy, Author of Spider Star & Star Dragon (Tor)
  63. EPA by tepples · · Score: 1

    Information is more like the air we breath, not like a currency. I hope nobody tries to limit breathing legally ever...

    When the administration cuts EPA funding again, and industrial pollution makes outside air dangerous, watch businesses start charging for 90 seconds of access to clean air, as has been done in Mexico City. Libertarians on the other hand would let residents band into neighborhood-backed local EPAs to sue polluting businesses.

  64. Bravo! *claps* by Anonymous Coward · · Score: 0

    Someone actually *gets it.*

    As an artist, I create because I am compelled to do so. It is a type of communication, the same communication responsible for human progress, civilisation and evolution. To profit off of this is, to me, unethical as it discriminates against those who, through no fault of their own, cannot afford the content. They are therefore disadvantaged with regards to cultural, political and economic discourse which serves to keep them in a poor financial situation.

    Additionally, when someone sees, hears, etc. a work, they then own it. Period. It becomes a part of their world, their cognitive view, their mind - so it is foolish to say that they have less rights to use the work as they see fit as, say, the originator. That's not how human beings, our evolution and our brains work.

    IP is fundamentally opposed to human growth, progress, invention and evolution. This should be obvious, and certainly is to those who spend their lives studying the history of our cognitive growth.

    -JH

  65. Why this is a good thing for actors... by Teancum · · Score: 2, Insightful

    Please read through this before flaming away, and I'm not here trying to advocate that the MEAA is doing the right thing, but there is a point of view that has not been expressed yet here on /.

    The point of a professional associations, wheither it is something like the American Medical Association (for doctors), the American Bar Association (for lawyers), or the Screen Actors Guild, is that you want to restrict exactly who is going to be a "member" of the club. Basically, this is a hold-over from the medieval trade guilds, where they viewed people practicing their "craft", if done in a free-for-all fashion could kill their entire industry. (BTW, I'm mainly familiar with these American institutions, but there are many others like this throughout the world).

    One way that these organizations help to improve their "craft" or "profession" is to try and restrict membership in the form of formal certificates... often issued through a government and where possible even enforced and backed up by laws that make it illegal to practice that craft without possessing that certificate.

    The purpose of this is to make a small pool of hopefully talented people where there will be enough work available to keep everybody comfortable, and raise wages for the members of the organization. Some sports player associations in the USA have done an incredibly good job at raising the salaries of its members, notably the Major League Baseball Players Association and the National Basketball Players Association.

    In the case here, the MEAA is merely trying to cull out the riff raff and try to keep its members from getting involved in projects that would from their perspective lower the value of the rest of its members.

    A comment was made on another message board that this would in effect keep unemployed actors from getting jobs. This is precisely what the intent is here, where they are trying to drive out in this case actors with low skill. By following the Creative Commons license it doesn't seem likely that actors participating in these projects will ever make substantial amounts of money. Indeed, the attempt here is that actors who are so desparate that they want to participate in films like this should not be in the profession anyway (from the viewpoint of the MEAA). By restricting its members they will (hopefully) be improving the income for its remaining members.

    The danger in a situation like this for any guild-like organization is that non-members and ex-members may totally ignore the guild and either form a rival organization that permits the activity being banned (in this case a group that would be willing to work under the Creative Commons license), or that the guild would be so dilluted in power due to small membership that it would be ineffective. This BTW is the problem with a guild-like organization for computer programmers (there are a few but fortunately/unfortunately they are all rather small).

    If you think projects for actors involved with something like a project with the Creative Commons license (or other open source equivalent) could make some money, it would have to be from this financial aspect that you would have to encourage the MEAA.

    Unfortunately, from experience with the open source movement I don't see this as a positive experience to compare what computer programmers are getting paid via open source programming projects vs. closed source programming projects. This isn't to say that humanity and mankind in general aren't better off for having open source projects, but from the perspective of a professional guild I can see that it is incompatable with the ideas of the open source community.

  66. Coding and politics by tepples · · Score: 1

    I should stick to coding. There's less politics to it. (ha!)

    Think coding isn't subject to politics? Look at all the politics around the Computer Implemented Inventions Directive that the proprietary software lobby is trying to push through the EU legislative process.

  67. CC by-sa is for you by tepples · · Score: 1

    I also want some degree of control over said content, i.e. I do not want people representing my work as theirs, I do not want people modifying my work unless it is clear what those modifications are (i.e. I do not want them to insert errors into my work which they then distribute, making me look bad).

    Even the permissive zlib license does exactly what you have described, and I'd imagine that the CC Attribution-ShareAlike license (the most restrictive CC license that would be described as "free" by the FSF and Debian) does this as well. Those who modify and redistribute your work must include 1. your copyright notice so that people know that you worked on it (using your copyright to discourage plagiarism) and 2. the modifier's copyright notice so that people know that somebody other than you worked on it (making errors more evident). Neither the -nd or -nc option is necessary to achieve these goals.

  68. Contracts of adhesion by tepples · · Score: 1

    If you want a better contract, you need to organize with your peers. That's how I negociate my contracts. I can't understand why your line of work should be treated differently.

    What if the other party has made it clear that its policy is to use contracts of adhesion ("we're much bigger than you; here's our contract, take it or leave it") and that it is not willing to accept any altered contract at any price lower than half the company's market capitalization (hostile takeover)?

  69. A "content creator" is a happy deity by tepples · · Score: 1

    I as the content creator

    Which parses as "I as the happy god". A better word for one who creates works of authorship is the term the law uses: "I as the author".

  70. Logistics by tepples · · Score: 1

    Internationally, "calling you up" can pose a logistical problem, especially for people who just want to sell a copy of your work at cost.

    1. Re:Logistics by MindStalker · · Score: 1

      If your selling at cost I don't believe you fall into the catagory of commerical seller then. I'm sure it would only require one call for a perpetual license. Something any commerical for profit distro can handle.

  71. Bad analogy by tepples · · Score: 1

    Using your logic, Microsoft can legitimately claim "Freedom 'R' Us License" isn't doublespeak, becase we are free to re-write compatible software from scratch.

    Poor analogy. Microsoft has stepped up its efforts to seek patents as a way of blocking interoperability with free software.

  72. Re:you know by merlin_jim · · Score: 1

    And more importantly, what are either of us doing not in Denmark?

    Meet you at the third chocolate factory from the border?

    --
    I am disrespectful to dirt! Can you see that I am serious?!
  73. Watch the exact wording of the license by tepples · · Score: 1

    If your selling at cost I don't believe you fall into the catagory of commerical seller then.

    Be careful with licenses that you haven't memorized. Unlike the GNU General Public License, most Slashdot users have not memorized the Creative Commons 2.0 series licenses. According to my strict interpretation of the text of the CC licenses that include the NoDerivs restriction, selling copies even at cost is considered commercial. "Non-commercial" within the context of CC licenses refers primarily to free-of-charge electronic distribution methods such as HTTP and BitTorrent.

  74. Re:Please dismiss this account with a better reaso by sfjoe · · Score: 1



    FWIW, I did a Google search for MEAA. It seems the only information out there is other blogs.

    --
    It's simple: I demand prosecution for torture.
  75. Re:Please dismiss this account with a better reaso by tepples · · Score: 1

    I did a Google search for MEAA union. First result is the MEAA's site.

  76. We'll be able to render better acting soon anyway by FreeUser · · Score: 1

    Furthermore, union actors often work on non-union projects under a pseudonym and to the best of my knowlege. no SAG member has ever been forced out of the union for working in a non-union project.

    If five years, if "trusted" computing doesn't destroy it, our home computers will be able to render photo-realistic films with photo-realistic actors in something close to real-time, allowing the merging of machinima and classical rendering. With these sorts of tools, any small group of people with a good story to tell and a modicum of talent will be able to choreagraph, render, and distribute feature-length films that do not resemble cartoons or computer animation so much as life, real-action movies.

    Actor's guilds that try to shut out new, innovative ways for creative people to collaborate are simply ensuring the demise of their own profession. $10 Million contracts for lead actors will become a thing of the past, and I for one won't be shedding a whole lot of tears (though I will shed a few ... I'd much rather see actors bringing their talent to the screen in cooperation with the larger creative community, but if their unions are going to plant their feet on this sort of thing, then their passing will go largely unlamented).

    --
    The Future of Human Evolution: Autonomy
  77. ermm (?) by N3wsByt3 · · Score: 1

    "Can use it for a Free Software piece of software? Nope."

    Yes they CAN, provided they don't *sell* it. How comes I don't seem to get this point across?

    Say, you have free/open software, and they GIVE it away (like sometimes can happen, like with knoppix-CD's), then they can use all the non-commercial stuff in there.

    I agree that, in most commercial distro's, this won't help much because they do sell their products (exept for the free d/l many of them offer), but that's their choice. If they wan't to use it, they can, provided they don't sell the products - much like you can use GPL stuff, provided you abide to the rules of the licence.

    Every licence knows its restrictions (apart from possibly BSD and public domain), but it doesn't mean one can not make use of them, it only means you can make use of them as long as you agree to the rules of the licences. In the case of (some) CC licences, this involves the condition that, if you want to use them, you may not sell it (or make a profit from; I'm not sure, and there is a distinction, ofcourse).

    Since FLOSS products do have the posibility of being distributed without being sold - even in practise - they could certainly make use of non-commercial CC works in some cases.

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:ermm (?) by KiloByte · · Score: 1

      in most commercial distro's, this won't help much because they do sell their products

      Debian and Gentoo won't accept such a piece of software, too. While most people download the packages themselves, a lot still relies on getting ready CD sets. Licenses such as CC non-c deny even such uses.

      CC non-c is in no way similar to GPL. You _can_ sell GPL stuff, and in many cases, you're supposed to do that. Also, it breaks the freedom to use for any purpose, which is one of the key Free Software pillars.

      In other words, CC non-c is doing more evil than it does good, by confusing people into using it.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  78. Re:you know by brindafella · · Score: 1

    I'm white.

    You are forgiven for not changing your colour, as Michael Jackson has done. In April, the forgiveness ceases. :-)

    --
    Looking at space, radio, science and computing from a 'down-under' amateur enthusiast perspective.