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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.'"

54 of 253 comments (clear)

  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 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.
    3. 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.

    4. 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.

    5. 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
    6. 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
    7. 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.
    8. 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.
    9. 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.

    10. 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.
    11. 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.
    12. 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.
    13. 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.

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

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

    1. 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.

    2. 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.
    3. 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.

    4. 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.

    5. 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.

    6. 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).

  3. 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 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.

    3. 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?".

    4. 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.

    5. 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?
    6. 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.

    7. 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.

    8. 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.

    9. 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.

  4. 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.
  5. 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??!?!?!

  6. 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 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.
    2. 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.
  7. 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.
  8. 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
  9. 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...
  10. 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.
  11. 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 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.
    2. 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.

  12. 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
  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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

  18. 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.

  19. 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).
  20. 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.
  21. 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.

  22. 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.