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Creative Commons Urged To Drop Non-Free Clauses In CC 4.0
TheSilentNumber writes "A member of Students for Free Culture has just published a thorough and detailed post calling for the retirement of the non-free clauses, NoDerivatives (ND) and NonCommercial (NC). They state, 'The NC and ND clauses not only depend on, but also feed misguided notions about their purpose and function.' and that 'Instead of wasting effort maintaining and explaining a wider set of conflicting licenses, Creative Commons as an organization should focus on providing better and more consistent support for the licenses that really make sense.'"
Note that the opinions expressed are of the author alone and not necessarily the entire organization. More info on the process of revising the CC licenses.
One of the worrying things about using CC material is: What is a derivative work?
This matters for the viral/copyleft CC-SA (CC Share and Share Alike) license.
For example, if you have a web page, and you either excerpt or publish a full Wikipedia article, along with your other content, have you just given permission to people to use your content from that webpage?
Is the virality of the CC-SA limited just to the part which you excerpt, or the whole webpage, or your whole website?
I.e., you include some CC-SA material, and now your entire website is considered a "work", and it's a derivative. What if you also have GPL and GFDL stuff in the mix? Which license wins?
If you include CC-SA stuff on a CD, does the entire CD become CC-SA?
I'm not a lawyer, but I play one on the Internet. Blog
They already have that. It's called "NC". Surely you'll say "No, NC doesn't imply that"... but that's because people are myopic.
ANY property can be licensed under an alternate license. You just have to contact the property owner.
weird_w wants to license it in general under NC to prevent the general case of abuse, and to prevent abuse by entities he doesn't like... great.
If a small shop still wants to use the work, they already have a built-in remedy: contact weird_w and ask him for the same work under an alternate and/or negotiated license (closed/for-pay, closed/for-free, open, etc.). There's nothing about distributing _YOUR_ work under the GPL or CC or any other _general_ license that says you can't also simultaneously distribute _YOUR_ work under another license.
It's your work. Do you want you want. Distribute it under a GPL or OGL variant to people who's last name starts with A-M, and distribute it under CC-SA to people who's last names start with N-Y, and distribute it under CC-NC to people who's last names start with Z.
Or, distribute it under CC-NC to companies named BANDERSNATCH, and distribute it under CC-SA to everyone else.
It MIGHT make it harder to defend your property in court (I'm not a lawyer, consult one), but there have, historically, been lots of companies that distribute their work under multiple licenses. The first one that comes to mind is the old Ghostscript, which was under one license for the latest and greatest, and then a different license for older versions. Or FUDGE, which (at least for a while) was under an artist's license OR the OGL (your choice).
Which is why the Students for Free Culture wants to make it more daunting for artists to migrate to free licences by making it an 'all or nothing' deal. Brilliant way to shoot everyone in the foot, guys.
Activist movements need some shorthand for shaming idealists who rush the group's goals without consideration for gradual pragmatic change—like a dunce cap, only larger, and with flashing lights.
Bio questions? Ask me to start a Q&A journal. Computer analogies available for most topics!
There is natural conflict in the development process, because after spending hundreds or thousands of hours creating something cool, it's hard to let go. This conflict is especially difficult if you decide that releasing your project as open source is the best way to distribute it and get others to use and extend it. The first knee-jerk reaction is to attempt to retain as much control as you can -- "Yeah, it's open source, but I don't want you using it commercially or as the basis of something else." -- If you follow through with that restriction, you're essentially releasing source code or design files for a closed project. It's open in name only.
Once you recognize that your biggest fear is actually the idea that someone will take your idea and do a better (or more successful) job at it than you have, you can begin to step forward. The first step is to understand that if you have a really good idea, someone will clone it. In fact, it's likely that 15 people will clone it. And that's good, because they might do a better job and there's nothing from stopping you from incorporating their good ideas into your project (a derivative work of a derivative work!). Whether or not you explicitly grant permission for someone to use your ideas, rest assured that they will. To that end, it makes the most sense to release with a CC Share Alike requirement that ensures that your ideas and their derivatives stay public and accessible to all.
I'm someone who writes and publishes music under CC-NC-SA. Since I'm doing artistic stuff rather than engineering stuff with it, it's possible my perspective is a bit different, but I suspect the argument will apply just as well.
I'm not afraid someone will do it better. I'm afraid that some organization will take what I've given away, copy it, make a token modification, and copyright it, thus turning the work that I made as a gift into something that has a price on it, all without paying me a dime. They might even be able to turn around and issue DMCA takedowns and sue people for performing my work, claiming that they're really performing their version rather than my version. They've now taken free artistic work and made it no longer free. In other words, they aren't really adding any value at all, just taking value from me and from the public and declaring it theirs.
An illustrative case: Pete Seeger took biblical verses and wrote the song Turn, Turn, Turn, releasing it into the public domain. Several other folk musicians performed it, and it gained in popularity, and Pete finally recorded it in 1962. In 1965, the Byrds recorded it, and now most people who've heard of the song think that they wrote it originally, and some others think Bob Dylan wrote it. Had Pete Seeger not been a relatively well-known figure, it's quite possible his contribution would have been forgotten entirely.
If somebody wants to take my stuff and use it in a commercial project, releasing it under CC-NC-SA doesn't say they can't do it, it just says that they need to get in touch with me and work out some sort of arrangement. In practical terms, it means that if someone else wants to sing my song among friends or something, they can just do it, but if somebody wants to put it on an album or book or something like that, we need to talk about it.
I am officially gone from
Those extremists provide real value to their cause.
Pretend, for a moment, that society has to pick a number on a scale from 0-100. Right now, public opinion on average thinks the number should be around 40, and mainstream media generally considers it acceptable to discuss proposals that involve numbers as low as 25 and as high as 55. Now, suppose there's well-funded group A that thinks this number should be 0, and a well-funded group B that thinks this number should be 80, and both have legitimate and reasonable-sounding arguments for holding their respective position. If group A adopts the moderate approach, they'll advocate for 25. If group B adopts the extremist approach, they'll advocate for 80. If both groups have equally convincing arguments and can get their message out equally, the public opinion will shift not from 40 down to 25 but from 40 to 52, because group B has successfully convinced a significant number of people that it's reasonable and socially acceptable to think that numbers in the 55-80 range are right.
A practical example of this in action: 20 years ago, gay marriage or gay civil union was unthinkable in the US. In general, 'respectable' liberal political groups didn't want to touch the issue at all, because what was considered the range of acceptable opinion was a spectrum from "Ok, the police shouldn't be able to arrest gay people and throw them in jail for being gay" to "Beat 'em up and force them to be straight". But the less respectable gay rights folks kept up the pressure for gay marriage to be legal, as complete extremists and nutjobs for at least a decade. And by doing that, the idea started entering popular culture, and eventually got some political decisions going their way, and now is legal in many places and has the support of over half of Americans.
I am officially gone from