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RMS says Creative Commons Unacceptable

Mr A Coward writes "Richard Stallman has stated in an interview that he no longer supports Creative Commons licenses. In the interview carried on LinuxP2P.com, and which is largely about the P2P and DRM issues, Stallman ends by saying: 'I no longer endorse Creative Commons. I cannot endorse Creative Commons as a whole, because some of its licenses are unacceptable.' He suggests instead using the GPL for creative works." The crux of his argument is that, since he disagrees with some of the CC licenses, and people tend to lump them all together, he feels compelled to reject them all. What's your take? Are some Creative Commons licenses worth using, even if others aren't?

32 of 647 comments (clear)

  1. What bunk! by Mrs.+Grundy · · Score: 4, Insightful
    I'm sure this won't make me a lot of new friends on /. but there is some serious bunk here and the creative commons complaints is the least of it. Mr. Stallman seems to be metaphor-challenged. While he minces words about the difference between intellectual property and copyright in one sentence, in another he says:

    RMS: People have a right to share copies of published works; P2P programs are simply a means to do it more usefully, and that is a good thing.

    If we are going to mince words maybe we should start with an honest appraisal of the difference between sharing (as in borrowing a book) and copying. All of us who make a living being creative understand the shortcomings of current copyright legislation and know that we need people to think about creative work in new ways if we are going to take IP law into the 21st century; we know tilting in favor of multi-national corporations at the expense of individuals is a mistake, but we are not going to get anywhere with the type of lazy thinking which asserts things like, "If copyright law forbids people from sharing, copyright law is wrong." I'll take Lawrence Lessig's ideas over Mr. Stallman's any day.

    1. Re:What bunk! by Omnifarious · · Score: 4, Insightful

      So, please explain to me how you can have a sane system of laws that restrict things like sharing over P2p and don't restrict things like letting a friend read a book. In a digital world, I do not believe this is possible.

      So, I would say that in the final analysis Lessig's ideas reduce to Stallman's. They are just more palatable to you because they seem to say something different, and you hold out some forlorn hope that there is a reasonable way to restrict digital copies.

    2. Re:What bunk! by FortKnox · · Score: 4, Insightful

      So, please explain to me how you can have a sane system of laws that restrict things like sharing over P2p and don't restrict things like letting a friend read a book. In a digital world, I do not believe this is possible.

      'sharing over P2P' doesn't make sense. When it is over, you have a copy, and I have a copy. You are not 'sharing' your copy, you are creating and giving me a copy.
      This isn't rocket science, people!

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    3. Re:What bunk! by IgnoramusMaximus · · Score: 5, Insightful
      We don't live in a digital world, we live in a practical world - think practically.

      In both cases the thing being "shared" is information. The difference is that in the case of the book, the information is coupled with a physical object and thus causes the confusion in the form of some people's physical-world-coupled simian brains being unable to realize what it is they are sharing. Any "practical" measures to restrict sharing of information (which is what this is all about) will and must lead to totalitarian measures in regards to digital communication equipment i.e. computers and internet. It is not only "practical" but the only way.

    4. Re:What bunk! by Jah-Wren+Ryel · · Score: 4, Interesting

      we are not going to get anywhere with the type of lazy thinking which asserts things like, "If copyright law forbids people from sharing, copyright law is wrong." I'll take Lawrence Lessig's ideas over Mr. Stallman's any day.

      One thing Stallman is not is a lazy thinker. In fact, I charge you with being a lazy thinker. You who are too lazy to see your way past the status quo. Who, in endorsing Lessig over Stallman seem to think a simple modification of the principles of copyright are enough to reconcile the creator's need for compensation with the internet's inherent zero-marginal cost nature.

      You are wrong and Stallman is right. Jack Valenti unknowingly said it best -- "You can't compete with free." What Valenti did not understand, you do not understand and Stallman does understand is that basic axiom - if you can't beat them, join them.

      One such method of "joining them" is a modern version of comissioned art. The internet makes it easy to share copies with a billion of your best friends, it also has the potential to easily aggregate funding from a billion "patrons."

      Take the defunct TV show "Farscape" as an example. Production costs per episode were on the order of $2-3M each. If the production company is able to guarantee $3.3M in revenue per episode that means a ROI of at least 10% which is decent in the TV world were 90% of the shows aren't profitable until they reach syndication.

      So, how could the production company have earned that kind of revenue? Without copyright. Yep, you read that right. Here's the details:

      As a SWAG, lets say there was a fanbase of 10M worldwide. If just one third could be convinced to pony up $1 per episode - that's $3.3M right there. By using the internet and some sort of paypal like system (pay attention to what google is doing in this area, they seem to be thinking right along these lines) they could collect that $1 per episode and put it into an escrow account. When the balance reaches $3.3M production begins. When the episode is completed, it is released to the public domain and the money is released to the production company.

      Such a system benefits all parties - the production company is guaranteed a profit before they invest a single dime, something completely unheard of in the world of entertainment business. In return for that guarantee, the end result is made freely available to one and all so that the people who funded the creation can share it with anyone they want without legal or moral issues. Ultimately the free distribution of previous episodes acts as advertising for future episodes.

      Furthermore it is 100% free-market, no government intervention required, no dollars wasted on the FBI tracking down pirates because piracy is meaningless in such a system. And if the show sucks? People are only out a buck, not a big a loss and the chances of the next episode being funded goes down - it is survival of the fittest with no middlemen like advertisers and "programming execs" to muddle up the difference between good shows and crappy shows.

      So - that's one idea demonstrating why copyright is indeed obsolete. How about you come up with one yourself instead of hiding behind the status quo?

      --
      When information is power, privacy is freedom.
    5. Re:What bunk! by Richard+W.M.+Jones · · Score: 4, Interesting

      But Stallman's "facts" are impractial in the real world.

      Last time I checked, copyright goes completely against the laws of physics. It's a human construct designed to make bits uncopyable. In the words of Bruce Schneier, it's akin to trying to make water not wet.

      Now maybe in a reality-free zone where everybody works for the common good and nobody takes more than his* fair share, that would be a reasonable thing to pass off as a fact.

      Well, no. What you do, as with free software, is accept -- indeed welcome -- the fact that bits can be copied. You then charge people for your time. Sure - you won't be the next Microsoft doing this. But the good old capitalist economy will be better off if the Microsoft tax on basic business goes away. There's no communism here. This is the free market at work. Without artificial monopolies.

      Rich.

    6. Re:What bunk! by SydShamino · · Score: 4, Interesting

      As a SWAG, lets say there was a fanbase of 10M worldwide. If just one third could be convinced to pony up $1 per episode - that's $3.3M right there. By using the internet and some sort of paypal like system (pay attention to what google is doing in this area, they seem to be thinking right along these lines) they could collect that $1 per episode and put it into an escrow account. When the balance reaches $3.3M production begins. When the episode is completed, it is released to the public domain and the money is released to the production company.

      Public domain means no copyright, which means all things are possible - even derivative works. If the development company does this for even one episode, then someone else - Spielberg, Warner, Fox, etc. - can take the Farscape line and produce their own episodes, or their own feature films.

      Sure, to the public that paid for this one episode, that might be a benefit. But, for the production company, they have just lost all control over the future of one of their creative products, in return for a measly $300k.

      I don't think any television or movie production company would go for such a deal. Now, if you allowed them to release under a creative commons license, such as one that allowed for free distribution but restricted derivative works, for-pay distribution, and public performances, then I bet you might find a company willing to take a shot at it. (And I'd be one person donating $1. Heck, make it $2 - I pay that for shows on iTunes anyway.)

      --
      It doesn't hurt to be nice.
    7. Re:What bunk! by Znork · · Score: 4, Informative

      "Information cannot be sold, it lacks the fundamental characteristics for it to be so."

      Reproduction, copies of information, cannot be usefully sold as it lacks scarcity. That essentially puts it outside of the functional realm of property; any scarcity is purely artificial, and introducing artificial scarcity in an economy basically undermines and damages the economy as a whole. Creating artificial scarcity is more or less the economic equal of wholesale destruction of wealth and property.

      We could put a huge glass bubble over a country, bottle all the air and force people to buy it. That would undoubtedly employ a lot of people, even increase the GDP, but for any sane definition of wealth, one would have to be truly warped to claim that would benefit the wealth of the society, or the economy, as a whole. And as an aside, in comparison with countries where the citizens were not forced to pay for bottled air, workers would cost more, with predictable effects...

      You're right, of course, the propaganda blanket attempts to throughly confuse the issues. Artificial scarcity is unacceptable, and extra incentive systems must build on methods compatible with a free market. It's not like it's hard to do, there are any number of incentive systems that governments around the world use for various purposes. The monopoly systems of copyright and patents are grotesque abberations, not the common standard.

  2. are they different? by ummit · · Score: 5, Insightful

    If it's true (as RMS says in the interview) that the various Creative Commons licenses are "more different than similar", and if they differ on issues you care about, then yes, I would have to agree with Stallman that they need to be discussed separately, that you can't make a blanket statement saying either "I support CC licenses" or "I reject CC licenses". If some Creative Commons licenses are worth using and others aren't, it would be best to stop talking about them collectively as "Creative Commons licenses" and instead discuss them under their own names.

    1. Re:are they different? by Otter · · Score: 4, Insightful
      To my astonishment, I somewhat agree with Stallman. There are multiple Creative Commons licenses, they're fairly different and people use the term "Creative Commons" to refer only to the most permissive ones. (Look through the stories here, and see how often things are described as "under a Creative Commons license", as though that's meaningful.)

      It seems to me that this issue isn't really Creative Commons' fault and could be best handled by enforcing clarity. Stallman, who loves to enforce similar "clarity" about existing words which he has personally redefined to mean only what he says they do, certainly ought to get that. I imagine his hostility is really because their range of licenses includes things that are too restrictive for his taste.

    2. Re:are they different? by halr9000 · · Score: 4, Interesting

      Well RMS is certainly free (as in speech) not to use them. That CC has multiple, more flexible licensing than say, GPL, is not our problem, its his. I'm a believer that the owner of the thing can do with the thing as they please, and if they want to restrict its license, it is within their right. Accordingly, the OSS crowed will tend to avoid the thing, and if the owner doesn't like it, they can choose to change the license to something the community likes better--if they so choose, or they can tell the community to screw off. Business decisions are not necessarily controlled by geek perception.

      I'm a big fan of CC. I personally like the CC-BY license and use it for my own creations.

  3. The Solution by toupsie · · Score: 4, Funny

    Call it the GNU\Creative Commons License. Problem solved.

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
    1. Re:The Solution by kusanagi374 · · Score: 4, Funny

      Yes, and we should call that "the GCC License"... oh wait a sec

  4. Is RMS relevant? by zerocool^ · · Score: 4, Insightful


    I think it's time we just start ignoring RMS. Once the national media noticed him about 5-6 years ago, his ego has tipped the scales. He's so far off the deep end that I for one don't want to be associated with his ideas.

    It's like we're all saying "Open source is a good thing", and he's now picking up that banner, saying "Unless it's completely open and completely free in every possible sense of the word, it's wrong". That's not what I'm saying. I'm saying "Open source is a good thing".

    --
    sig?
    1. Re:Is RMS relevant? by Medievalist · · Score: 4, Funny
      I think it's time we just start ignoring RMS.
      Uh... OK, you first.

    2. Re:Is RMS relevant? by gnuLNX · · Score: 4, Insightful

      "If I can't run the program, modify it, and redistribute it, with or without my changes, then what's the point?"

      Take a good look at the second word in that sentence. I. Why should you have the right to redistribute a work that someone else made? Here's an answer for you. You don't have, and shouldn't have unless the author explicitly gives you that right. You disagree. Fine I have every right to take your car out tonight. I mean who do you think you are locking your car up. Just because you worked hard to paint it, pay for it, or whatever, sure as hell deosn't give you the right to lock me out of it.

      See this is the problem. OSS kicks ass. It kicks ass because we GIVE each other the right to use, modify, and redistribute the code. There is no God given right that allows you to lay claim to the works of others...nor should there be. If they give you that right cool, but remember they are not evil because they choose not to.

      --
      what?
    3. Re:Is RMS relevant? by d34thm0nk3y · · Score: 4, Insightful

      There is no God given right that allows you to lay claim to the works of others...nor should there be.

      Conversely, there is no god given right to protect your works either. Copyright is an entirely legal (and fairly recent) construct.

  5. I sort of agree by Omnifarious · · Score: 4, Interesting

    IMHO, if you're going to have some sort of umbrella for licenses to be put under, it should mean something. Near as I can tell, Creative Commons has no real criteria for deciding whether or not a license is acceptable.

    If I read that a license is OSI approved, I know exactly what that means, and what sorts of things I can expect to be able to do and what I can expect to not be able to do.

    If I hear that a license is a creative commons license, it tells me nothing. For all I know, it might be "You're allowed to distribute this only if you feel strongly that you have green skin.". They have license that discriminate based on what country you're a citizen of, so I don't see why they won't pick other weird things in the future.

    If they want to be taken seriously, they will publish clear criteria for the acceptability of a license.

  6. News Flash! by Bacon+Bits · · Score: 5, Funny
    RMS thinks his license is better than everyone else's.

    In other news, water is still wet, Microsoft is still a monopoly, and people dislike paying taxes.

    --
    The road to tyranny has always been paved with claims of necessity.
  7. I never would have guessed by 0racle · · Score: 5, Funny

    He suggests instead using the GPL for creative works.

    You mean he's pushing his own ideas as better then someone elses? I'm shocked, SHOCKED!

    --
    "I use a Mac because I'm just better than you are."
  8. He just won't support the brand. by PCM2 · · Score: 4, Insightful

    What Stallman is saying sounds, as usual, intellectually consistent. Because some licenses that are called Creative Commons licenses include restrictions that Stallman does not support, Stallman will not endorse the Creative Commons brand. In other words, he will not automatically give you a pat on the back just because you use a Creative Commons license; he wants to know what the terms of the license are first.

    Sounds fine to me. I've never been a big supporter of Creative Commons for much the same reason. All Creative Commons seems to be, to me, is a collection of license that someone has paid a lawyer to draft up and then donated that work to the public. You can pick and choose between the licenses and their clauses. It's a generous donation and it's very handy.

    Then again, I've never seen how Creative Commons amounts to the "social movement" that people make it out to be. Stallman, whether you agree with him or not, seems devoutly intent on shaking up the foundations of the modern concept of intellectual property. By comparison, Creative Commons licenses seem like little more than tools for helping people navigate the status quo.

    --
    Breakfast served all day!
    1. Re:He just won't support the brand. by Valdrax · · Score: 4, Insightful

      In other words, he will not automatically give you a pat on the back just because you use a Creative Commons license; he wants to know what the terms of the license are first.

      No. Reread the article. If you use a Creative Commons license that might meet his standards, he still won't endorse it because the Creative Common "brand" allows licenses that he doesn't like. Instead, he thinks you should use his particular license (the GPL) for everything.

      I'd respect him more (or have less disrespect for him) if he'd criticise the particular licenses he didn't like and give some praise for the ones he did like, but instead he says effectively, "Forget it. It's not worth the trouble. Use my license instead." Instead he takes the ideological "with us or against us" stance.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  9. Some are worth using by truthsearch · · Score: 4, Insightful

    Are some Creative Commons licenses worth using, even if others aren't?

    Absolutely! The organization as a whole is trying to better society. I read many of Lawrence Lessig's articles and agree with just about everything he says. His goal is to provide options. A full range of options. Pick the ones that suit your needs and ignore the rest.

    After all, isn't that what we do with our Linux systems? We pick the distro and packages we want and ignore the rest. If you don't like OpenOffice it doesn't mean you shouldn't use Linux! Just don't use the parts you don't like!

  10. My take is people can do what they want by winkydink · · Score: 4, Insightful

    If I write something, I get to pick the license. If Stallman doesn't like it, I'll sleep just fine at night and will have no problems looking at myself in the mirror.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

  11. GPLv3 probably won't be used in BusyBox. by landley · · Score: 5, Interesting

    I read the draft and found a section that would prevent busybox from using GPLv3. (It's the second coming of the BSD advertising clause: each busybox binary would have to contain GPL boilerplate text in the binary itself, and we're trying for small binary size on embedded systems. In GPL2, the advertising clause was optional. In GPL3 it isn't. That's a fatal flaw for us.)

    I tried to comment through their web page, but it doesn't work with Konqueror. I sent a comment via their email system, but it was bounced by their robot. (The subject text, "Concerns about gpl3 and busybox", doesn't appear in the GPL draft document, this has not been seen by a human nor will it ever be. Try jumping through the hoop again.)

    It was about this time I decided I really don't care enough about placating Stallman. Sticking with v2 is just fine with me, and his opinion about creative commons is irrelevant as well. At this point, I consider Stallman irrelevant, and GPLv3 just another incompatible license fragmenting the open source userbase.

    A pity, really...

  12. GPL is not right for everything by samuel4242 · · Score: 5, Insightful

    I like the GPL and use it for software, but it's just not right for things like text. For instance, I can use my GPL-given right to revise and extend Richard Stallman's text to read:

    I love the Creative Commons. I think the Creative Commons is great as a whole, because some of its licenses are not unacceptable. In fact, I want Larry Lessig to have my baby. Wait that's not feasible.
    (Changes in bold .)
    What's right for software is not right for matters of opinion or fact. The distinction between sources and binaries don't matter here and actually confuse the right decisions. Nor is there any reason to believe that someone would get anything out of the ability to revise and extend anyone else's words. Okay, it might make sense for a collaborative manual, but I think there are many cases where the right leads to the trouble we're seeing with the clever editors of the Wikipedia.

  13. Re:Stallman slipping? by GigsVT · · Score: 4, Insightful

    That's who RMS is.

    If you wanted someone in a stuffed shirt that business people could relate to, you should have invited Bruce Perens instead.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  14. Re:Stallman slipping? by McGiraf · · Score: 4, Insightful

    No, Stallman is not slipping, reality is.

  15. you, too by idlake · · Score: 4, Insightful

    Now maybe in a reality-free zone where everybody works for the common good and nobody takes more than his* fair share, that would be a reasonable thing to pass off as a fact. But Stallman's "facts" are impractial in the real world.

    Human beings have produced great art, science, and engineering for millennia in the absence of copyright protection. The assertion that copyrights and patents have any social or economic merit at all is at best unproven.

    So, the ideologues trying to push unproven ideas on the rest of us are people like you, people who make strained arguments that somehow society needs to bear the costs and complexities of IP law.

    Go prove your case before you whine about Stallman.

    1. Re:you, too by sammy+baby · · Score: 4, Insightful
      Human beings have produced great art, science, and engineering for millennia in the absence of copyright protection.

      And you can see the result! People trading copies of the Sistine Chapel all over the streets of Milan! Bootleg recordings of the Brandenburg Concertos leaked far and wide before Bach's official release date!

      (The reason we didn't need COPYRIGHT LAW for so long was that it was so damn hard to COPY THINGS. Duh.)
  16. That's because RMS "gets it", Lessig doesn't by argoff · · Score: 4, Insightful

    In a way, history is repeating itself.

    During the 1850's there were all these groups that wanted to work out a friendly solution so that the slave states could get along with the free states. Rules to be nicer to slaves, shorter slave terms, more clearly defined boundaries, and so on and so on. Well they didn't get it, it was an all or nothing game. The very nature of the beast was coercive and restrictive in a way that could not survive the industrial revolution.

    Well today, there are people who want a "compromise" with the copyright system. A shorter term here, a nicer enforcement there, more controll to the original author here, and so on and so on. What these people don't understand that the very nature of beast centers arround coercing how people can use and manipulate information at their disposal - the anti thesis of the information age. The only kind of copyright that can survive the information age, is one that can not be enforced.

    Instead of crying about that, or clinging to old ways, what people need to do is learn how to make money from content services and not from content controll.

  17. Re:FSF software by Pentagram · · Score: 4, Informative

    You're wrong. He did write the original versions of gcc and gdb, and Emacs among many other things. The original Emacs was ground breaking, not trivial as you allege. Whatever else you may think of him, RMS's code contributions are huge.

    His biography is pretty good. See also his Wikipedia entry.