Dvorak on Creative Commons
pHatidic writes "In a recent article, John Dvorak trashes creative commons as being, 'one of the dumbest initiatives ever put forth by the tech community. I mean seriously dumb. Eye-rolling dumb on the same scale as believing the Emperor is wearing fabulous new clothes.' His main arguments are that CC unnecessarily complicates copyright law, and that the name sounds dumb."
To be less obscure, copyrights are automatic and instant whenever you author anything original.
Apart from his snark, Dvorak's argument seems to be "what's the big deal, anything I write is already protected and my grandchildren will own it?" He doesn't understand that Creative Commons is a way of *giving up* some rights. But without giving up *all* rights.
With Creative Commons, a content creator can specify clearly that they wish their work to be shared collaboratively, which is the real point of "non-commercial". It's not about peace love and sprouts, it's about getting information quickly into the hands of peers. This intermediate status is an emergent necessity, previously unknown to law.
Well I won't give Dvorak a page hit; I don't think he's really a drooling idiot, so it must be a troll.
But I'll counter his argument with one example where CC worked beautifully:
I asked Leo Brodie author of Thinking Forth to allow republication of his book under a Creative Commons license. We discussed different options... he chose a "non-commercial" clause, but allowed derivative works and share-alike.
So what we have is a LaTeX repub and PDF downloadable from SourceForge by anyone. And he is selling hardcopies of the book through a print-on-demand publisher.
A project is in the works to update all the classic Forth examples to modern Forth usage. Also a translation to Spanish of the LaTeX repub is underway.
How could Dvorak be so obtuse? Of course Brodie could negotiate a separate license with each person who wanted to make some use of Thinking Forth, or just sell copies. But without granting additional rights, he wouldn't have gotten the free labor and TF would have stayed out of print and an orphaned works for 70 PLUS YEARS.
The Creative Commons licenses are just a legal tool, that's all. It's like going to the bookstore and buying a bunch of standard contracts. It reduces the time, if any, you have to spend with a real lawyer in order to grant rights to use your work beyond what copyright allows, safely, to a wide audience without negotating with each user individually, one-on-one.
Simple, understandable. Dvorak, you're just a troll.
-- John.
The actual legalease of the Attribution CC license actually specifies the mimimum requirements for attribution.
To summarize, you have to name the author and title (if any), and if applicable, the URI and the license. If it's a derivative work, reference what it's a derivative of. Attribution should be with any other credits, and should be as prominant. The attribution should also be represented in a manner appropriate to the medium. In other words, the HTML source would not be a reasonable place to stick the attribution for an image. It would, however, probably be appropriate for some CC javascript code.
The legalease for Attribution-No Commercial-Share Alike can be found at here, with the attribution clause being 4.d. I would assume that the other Attribution licenses would be similar. I am not, of course, a lawyer.
The GPL IS an open source license, despite RMS's ludicrous blathering to the contrary. The source code is open, so it is open source. Its simply a descriptive term, it does not imply or require any sort of membership in any kind of club. The OSI guys do not own the words "open source", nor can they redefine the meaning of these words.
Saying open source is not the same as saying OSI, so you and RMS can both quit getting your panties in a bunch over nothing and trying to redefine the english language to suit your agendas.