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Wikipedia Community Vote On License Migration

mlinksva writes "A Wikipedia community vote is now underway on migrating to Creative Commons Attribution-ShareAlike as the main content license for Wikimedia Foundation projects. This would remove a legal barrier to reusing Wikipedia content (now under the Free Documentation License, intended for narrow use with software documentation, because Wikipedia started before CC existed) in other free culture projects and vice versa."

25 of 95 comments (clear)

  1. Existing content? by bcmm · · Score: 4, Insightful

    What about existing content? I don't recall being asked to allow my edits to be re-licensed later. Won't they face the same problem Linux would if it went to GPLv3?

    --
    # cat /dev/mem | strings | grep -i llama
    Damn, my RAM is full of llamas.
    1. Re:Existing content? by RobotRunAmok · · Score: 5, Funny

      I don't recall being asked to allow my edits to be re-licensed later.

      Think of your edits as free promotion for your concerts, and figure to make your money on T-Shirt sales.

    2. Re:Existing content? by bcmm · · Score: 4, Informative
      I should have voted before posting:

      "make all content currently distributed under the GNU Free Documentation License (with later version clause) additionally available under CC-BY-SA 3.0, as explicitly allowed through the latest version of the GFDL;"

      That clause seems to be written specially for Wikipedia:

      "Massive Multiauthor Collaboration Site" (or "MMC Site") means any World Wide Web server that publishes copyrightable works and also provides prominent facilities for anybody to edit those works. A public wiki that anybody can edit is an example of such a server. A "Massive Multiauthor Collaboration" (or "MMC") contained in the site means any set of copyrightable works thus published on the MMC site.
      ...
      The operator of an MMC Site may republish an MMC contained in the site under CC-BY-SA on the same site at any time before August 1, 2009, provided the MMC is eligible for relicensing.

      Neat legal hack...

      --
      # cat /dev/mem | strings | grep -i llama
      Damn, my RAM is full of llamas.
    3. Re:Existing content? by bcmm · · Score: 2

      Oh, I'm not annoyed by it, I was just pointing out the apparent flaw.

      --
      # cat /dev/mem | strings | grep -i llama
      Damn, my RAM is full of llamas.
    4. Re:Existing content? by grumbel · · Score: 2, Informative

      The GFDL license, under which the current Wikipedia content is licensed, has a "or any later version" clause, which Wikipedia uses.

      With the newest update of the GFDL, the FSF introduced a new section, 11. RELICENSING, specifically designed to handle this update:

      11. RELICENSING

      "Massive Multiauthor Collaboration Site" (or "MMC Site") means any World Wide Web server that publishes copyrightable works and also provides prominent facilities for anybody to edit those works. A public wiki that anybody can edit is an example of such a server. A "Massive Multiauthor Collaboration" (or "MMC") contained in the site means any set of copyrightable works thus published on the MMC site.

      "CC-BY-SA" means the Creative Commons Attribution-Share Alike 3.0 license published by Creative Commons Corporation, a not-for-profit corporation with a principal place of business in San Francisco, California, as well as future copyleft versions of that license published by that same organization.

      "Incorporate" means to publish or republish a Document, in whole or in part, as part of another Document.

      An MMC is "eligible for relicensing" if it is licensed under this License, and if all works that were first published under this License somewhere other than this MMC, and subsequently incorporated in whole or in part into the MMC, (1) had no cover texts or invariant sections, and (2) were thus incorporated prior to November 1, 2008.

      The operator of an MMC Site may republish an MMC contained in the site under CC-BY-SA on the same site at any time before August 1, 2009, provided the MMC is eligible for relicensing.

    5. Re:Existing content? by shutdown+-p+now · · Score: 2, Insightful

      Neat legal hack...

      I don't think that special-casing a specific corner case qualifies as "neat". But a hack it is, that's for sure.

    6. Re:Existing content? by Kjella · · Score: 3, Interesting

      Neat legal hack...

      Or a clear violation of basic FLOSS principles like "No Discrimination Against Persons or Groups", depending on how you look at it since it discriminates against everyone not Wikipedia. If the FSF can do that, there's in principle nothing against releasing a GPL4 that said "You have the right to relicense to BSD, as long as you're Richard Matthew Stallman". Or just make an equally bullshit definition that fits just him. Despite their good intentions I think it sets a bad precedent that is much broader.

      --
      Live today, because you never know what tomorrow brings
    7. Re:Existing content? by PhrostyMcByte · · Score: 2

      Which is a perfect example of why, in all GPL code I have written, I remove the "or later versions" clause.

    8. Re:Existing content? by mysidia · · Score: 2, Interesting

      The GFDL is not intended or suited to be used for Wiki articles; it is for documentation, and includes terms and options that not only render it a non-free license but also present practical issues for a Wiki.

      If you use a license for something totally outside its intended scope, you should not be surprised if future versions are problematic for you, or if their workaround is to allow a different license (altogether) to be used instead.

      Wikipedia article pages are not software. And the FSF don't single out or discriminate against Wikipedia specifically, in the relicense option.

      However, they do effect time-based discrimination on projects that haven't been created yet.

      Suddenly after that magic date Aug 1, 2009, certain rights automatically get revoked from you.

      That's a timebomb, and a horrible idea. They should have at least instead published a new license revision 1.4, that would allow document authors to exclude the relicense right by utilizing the new version of the license.

    9. Re:Existing content? by TuringTest · · Score: 2, Interesting

      That creates a problem of its own, in that it locks the project into the current version of the license.

      A much more sensible option should be to redirect the "or later" clause to yourself: rewrite the GPL in your code to be updated by you, instead of "as published by the FSF". That way you keep some control of your project as the original creator, and don't doom it to have an eventually obsolete license.

      --
      Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
  2. The "later version" clause by ErMaC · · Score: 4, Informative

    Existing content contributed to Wikipedia was done under the GFDL license, which like the standard GPLv2 includes a "or later version" clause. Wikipedia's license includes this clause.
    The latest version of the GFDL now contains a section I think written to specifically allow Wikimedia to do this. See section 11, "Relicensing" here:
    http://www.gnu.org/copyleft/fdl.html

    --
    "I want to get more into theory, because everything works in theory." -John Cash
  3. Backwards compatible by rhinokitty · · Score: 5, Informative

    The CCSA is backwards compatible with the GFDL.

  4. Vote yes! by bcrowell · · Score: 5, Insightful

    If you have a WP account with at least 25 edits before March 15, please vote yes on this. The only reason WP picked GFDL was that CC-BY-SA didn't exist when WP began. GFDL and CC-BY-SA are the same style of license; they're both GPL-ish as opposed to BSD-ish, because they both require derived works to be under the same license. GFDL sucks for a variety of reasons:

    1. It's long.
    2. It's got a windbaggy ideological preamble; people shouldn't be forced to put their support behind a particular politically loaded credo just because they want to contribute to WP.
    3. Although GFDL can be a free license, it can also be a non-free license if you choose to use it with some of the optional parts like invariant subsections. This creates confusion, and has also caused lots of smart people to waste amazing amounts of time arguing and worrying about it, e.g., Debian wrangled for months before eventually deciding to exclude certain documentation that was under non-free versions of the GFDL.

    CC-BY-SA is far more widely used at this point. Switching to CC-BY-SA eliminates legal hassles that would otherwise be involved in making derived workds using WP. As a concrete example, I wrote some CC-BY-SA-licensed books, and when I want to use a photo or something from WP, the GFDL licensing creates hassles. I ended up having to dual-license the books, and that shouldn't be necessary. If people want to use the commons (both putting in and taking out), there shouldn't be artificial barriers to doing so.

    Plenty of people have already posted about the legal aspects of why relicensing is possible, but the long and the short of it is that relicensing complies with both the letter and the spirit of the law. It complies with the letter of the law because of the later version clause. It complies with it in spirit because GFDL and CC-BY-SA are similar types of licenses, just implemented badly in one case and well in the other.

    1. Re:Vote yes! by DanielHast · · Score: 4, Informative

      Mod parent up. That's the basic idea: GFDL was never really designed for something like Wikipedia, and CC-BY-SA accomplishes the same thing much more elegantly while preserving the intent of the GFDL.

      One other issue is ease of compliance. The CC-BY-SA license only requires attribution "reasonable to the medium", including the author(s), title, and URI where applicable. The GFDL has the additional requirement that the entire text of the GFDL be included with every copy of any part of the work. This makes technical compliance much more difficult, and thus conflicts with Wikipedia's goal of widespread distribution in many mediums.

    2. Re:Vote yes! by Anonymous Coward · · Score: 2, Informative

      The GFDL is one of the most non-free open source licenses available. It very rigidly controls how you can and cannot use the content.

      In my case I was looking into the legal ramifications of offering a voip based version of wikipedia. I contacted the FSF about the legality of it and they said that audio reproductions aren't even permitted by the GFDL.

      Sucks to be a blind person.

      Additionally you can use the GFDL to create a kind of monopoly of information by adding some of the invariant section requirements to your content and a few other tricks.

      If wikipedia had done something like that they could require a 30 page invariant section be included with any use... So if you wanted to copy an article for some educational site or other purpose you would also have to include the 30 pages in invariant crap along with it. This would severely devalue the use of the content outside the original site granting a near monopoly.

      Technically you can also abuse a number of other of the FSF licenses for purposes like that and other anti-competitive purposes. Makes me wonder how long it will be used like that.

  5. Pre-empting the inevitable cries of abuse by staeiou · · Score: 4, Insightful

    I'll be the first to admit that this seems pretty tricky at first - that the GNU and Wikipedia could get together and retroactively re-license an entire project through the "later versions" clause. However, the later versions have to be "similar in spirit" to the original in order for this to happen. If they did this to re-license Wikipedia's GFDL content under the BSD license or the public domain, that would not be similar in spirit. The differences between the CCSA and the GFDL are minor, especially in the context of Wikipedia - which uses no front cover texts or invariant sections. The big one is the need to attach a copy of the license to the content (as opposed to a URI to the license) - it is a bit absurd that I've violated the GFDL by printing out a copy of a Wikipedia article and giving it to my students, because I didn't think to attach a copy of the GFDL to it.

  6. Wiki Voting by isnoop · · Score: 5, Funny

    It's a good thing they outsourced the voting. If they tried to handle it through the wiki, you'd have a good chance of the whole site being renamed Colbertpedia.

  7. Re:Vote early, vote often by Anonymous Coward · · Score: 5, Insightful

    Please don't do that. That undermines the attempt to derive an honest consensus. Also, when things have been voted on in the past they have then gone through and looked at the IP and useragent data and struck through any obvious sockpuppets. All you are doing is making more effort for everyone involved. Vote with a single account.

  8. Re:There once was a page on WP about what WP was n by mysidia · · Score: 2, Informative

    When it comes to matters of editing, it's not.

    When it comes to matters of licensing, it is more so.

    The vote doesn't actually determine the outcome. The board will analyze the votes and the results and decide the outcome.

    The board could strike down the proposal even if it gets 90% support.

  9. Do People Really Care? by qazwart · · Score: 4, Insightful

    I've been in this business a long time. There are dozens. Heck, maybe hundreds of "Open Source Licenses", and I really can't tell the difference between them. There's Apache, GPL, Eclipse, CPL, QPL, and even BSD which get some people into raging fits.

    Okay BSD is a bit different because you can -- in theory -- produce your own changes and keep those as proprietary. Apple did this with Mac OS X. However, they could have done pretty much the same thing with Linux too. Watch:

    1). Company "X" submits to the Linux project some code changes that will allow Company "X" to hook its proprietary code into the Linux kernel. Completely legal according to the Linux GPL license.

    2). These hooks would probably be rejected by the Linux project, but Company "X" could still use them although they'd be under the GPL license.

    3). Company "X" now creates a proprietary layer on top of Linux using their GPL hooks to link it to the Kernel. The proprietary layer would sit above the GPL'd code and officially be separate from it.

    The end result: Linux kernel under GPL, Company "X"'s special code that hooks into the proprietary layers under GPL, but not supported by the Linux project. Company "X"'s proprietary code on top not under GPL. A full OS. Yes, it's a bit more work than simply taking the basic BSD code, adding in proprietary changes directly into the kernel, but in the end, it's pretty much the same to the end user.

    I use a lot of OSS software, and I support many OSS projects. But all this care and concern about licensing is unbelievable. Linux is Linux not because of the license, but because Linus Torvalds is a top rate project manager who knew what was important and what wasn't important.

    Torvalds didn't jump on the microkernel bandwagon because he thought it the cool design wasn't worth the performance hit. Linus created his code to be X86 specific because it was faster that way.

    Linus has carefully avoided all these piddling political wars about nonsense and has carefully focused his entire project and has kept his project from splitting apart in fratricidal wars that had engulfed the BSD world.

    Yet, we get into these silly arguments. Was it worth the time and effort to create the GNOME project just because KDE depended upon a small set of propriety (even though freely licensed) QT Libraries? (BTW, I tend to use the GNOME desktop myself). What would the Linux desktop look like if the desktop environment wasn't split into two major camps and all that effort could have been put into building a full feature, yet friendly desktop?

    In the end, it's all OSS and it's all good.

  10. Re:There once was a page on WP about what WP was n by broken_chaos · · Score: 2, Funny

    But didn't you read? It's not re-licensing. Nope, nope, it's not.

    The following is how they did it:
    1. Write a new version of the current licence.
    2. *handwavey-magic*
    3. The work is now under a different licence!

    See? No re-licensing at all. Nope, not at all!

  11. Copyright relicensing 101 by mcrbids · · Score: 2, Informative

    Because so many here are clueless about copyright licensing, I thought I'd give a brief explanation of what it entails.

    See many people think that you can't relicense a work without explicit agreement of anybody and everybody who ever edited that work. Picture go through the mind like vast emails asking a submitter about the semicolon at the end of line 35,219 in one of over a million files.

    But if that were the case, a work could basically NEVER be relicensed! You're never going to get explicit permission from everybody (or even a majority) who has submitted to wikipedia.

    Instead, there's a legal process wherein the license change is proposed in a very public forum, clearly documented as such, for a 'reasonable' period of time which depends on the work in question, the number of people involved, and the reqirements of the legal jurisdiction(s) in question.

    During this time, having been given legally recognized reasonable notice, copyright holdeers can either agree to the change (by doing nothing) or they can object to the claim and withdraw copyrights to their works. This process (or very similar) exists around the world and applies when there are many people holding copyrights to a shared work. In practice, it works something like the legal notice section in your local newspaper, only in this case, it's global. (you do know about the legal notice section in your local paper, right?)

    IANAL and all that, but I have done a fair share of legal stuffi n pro per, etc....

    But it may be more simple than that: when you submitted your work(s) to wikipedia, dd you READ the license you were submitting it under? In many cases (not necessarily Wikipedia) you are granting the copyrights themselves to the receiver. AFAIK, WP doesn't work this way or they wouldn't have become so popular.

    So the question comes back to you: Do you disagree with the license change? And if not, which of your submissions do you object to them using under the new license?

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
  12. Re:Will dual licensing fix their problem? by Spasemunki · · Score: 3, Informative

    Not everything will be dual licensed. In particular, this allows Wikipedia to incorporate a large amount of media (images, sound, and video) that are CC-BY-SA licensed but aren't GFDL licensed. It also allows other projects that use CC-BY-SA (like other Wikis) to incorporate Wikipedia material without having to comply with the GFDL.

  13. Re:Correct by Spasemunki · · Score: 2, Insightful

    You can make a derivative work from a public domain work and then license that under a more restrictive license. Happens all the time. Say, for instance, I was a creatively bankrupt entertainment company whose mascot was a disease carrying vermin. I could just dig up old public domain works- say, fairy tales, or stories by Victor Hugo- and make my own cinematic version of them- add a few musical numbers, perhaps. Then I assert copyright over the derivative work. Public domain doesn't travel with the content in the way the GFDL/CC licenses are- derivative works are considered new creations, provided that they are sufficiently different from the source.

  14. Re:Vote yes! - My stupid OSS license rant by markkezner · · Score: 2, Informative
    This GPL v666 arguement doesn't hold water. The following text is from GPL v2, Section 9. In GPL v3, it is in Section 14.

    If the Program specifies that a certain numbered version of the GNU General Public License âoeor any later versionâ applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation.

    Because your GPL v666 is not published by the FSF, you cannot relicense existing GPL'd software under it.

    --
    Dangerous, sexy, turing complete: Femme Bots