The missing ideology of Creative Commons

In the continuing discussion on the governance of the iCommons (the international Creative Commons) we have seen warnings raised by some (for example Tomâ??s article) about the loss of the grassroots. Attempting to address these concerns writers are attempting to explain why the iCommons works and therefore criticism of it is unjustified. For example Golden Swamp writes that the iCommons is a network joining up the nodes. While the network is a nice metaphor vague enough to incorporate almost all fuzzy feelgood thoughts on the virtual organisation and loose alliances working towards common goals â?? what does the network really mean?

If the Commons was a network power would be evenly (more or less) spread over the network â?? this is not so. The power of the Commons emanates clearly from the central point of San Francisco. The closer you are to the epicentre the greater the power.

After experiencing the presence of Microsoft and the Soros Foundation at the iCommons summit Becky Hogge at Open Democracy writes a post with the title that says it all â??Who owns a movement?â??

The Creative Commons is a great idea. It is a set of licenses which people can use. It helps â??ordinaryâ?? people participate in the copyright discourse by visualising the fact that the binary situation of all or nothing copyright is not enough. But the Commons is not a movement in the sense of the Free Software Foundation whose basis is on ideology â?? the Copyleft ideology.

By being pragmatic the Commons has grown faster than many contemporary movements. However this pragmatism is also part of the problem. The emptiness of its ideology means that many of the participants in this movement fill it with what they think it represents. The shock (?) then of seeing Microsoft at â??theirâ?? summit shows the effects of pragmatism. Those who want to see the Commons as being based upon a Copyleft ideology quickly must realise that this is not going to happen.

Does ideology matter?

Yes! If the Commons is to be seen as a movement. Without a central ideology the movement (can it be a movement without an ideology?) cannot define its core values and eventually will splinter.

No! The licenses are simple, standard licenses and nothing else. Naturally even licenses reflect ideologies but they are not in themselves ideologies.

If the iCommons wants to become more than a set of licenses (which it seems to want) it must then discard its all to pragmatic position and be prepared to make some people unhappy. Without taking a stance, setting up a camp somewhere, attempting to please everyone â?? it cannot grow.

EU vs Microsoft

Here is part of the official statement of the Free Software Foundation Europe on the EU decision to fine Microsoft almost 300 million Euro.

“Microsoft is still as far from allowing competition as it was on the day of the original Commission ruling in 2004. All proposals made by Microsoft were deliberately exclusive of Samba, the major remaining competitor. In that light, the fines do not seem to come early, and they do not seem high,” comments Carlo Piana, Milano based lawyer of the Free Software Foundation Europe (FSFE) regarding the decision of the European Commission to fine Microsoft 1.5 million Euro per day retroactively from 16. December 2005, totalling 280.5 million Euro. Should Microsoft not come into compliance until the end of July 2006, the daily fines could be doubled.

These fines are a reaction to Microsofts continued lack of compliance with the European Commission decision to make interoperability information available to competitors as a necessary precondition to allow fair competition. FSFE has supported the European Commission from the start of the suit in 2001.

“If we are to believe Microsofts numbers, it appears that 120.000 person days are not enough to document its own software. This is a task that good software developers do during the development of software, and a hallmark of bad engineering,” comments Georg Greve, president of the FSFE. “For users, this should be a shock: Microsoft apparently does not know the software that controls 95% of all desktop computers on this planet. Imagine General Motors releasing a press statement to the extent that even though they had 300 of their best engineers work on this for two years, they cannot provide specifications for the cars they built.”

Blog against torture continues

The blog against torture campaign asked people to write posts against torture on their blogs during the month of June. Obviously such a campaign did not end the problem – even if it did create awareness. The organisation is attempting to continue the campaign. Here is an email I recieved on the subject:

…One of our bloggers, Heathlander, has generously
volunteered to go 24 hours without sleep — blogging continuously the
whole time — to raise money for Amnesty International USA. It’s all
part of Blogathon 2006 (http://www.blogathon.org/), which will be held
across the globe on 29th July.

Would you like to help us out? Here’s some things that you can do:

– Join Heathlander and stay up with him for 24 hours of continuous blogging!

If you’d like to help Heathlander stay awake and write posts, leave
a message here.

Why not! Its for a good cause…

RIP Act & Encryption

The UK Government has launched a public consultation on Part I and III of The Regulation of Investigatory Powers Act (RIPA). Part III of the Regulation of Investigatory Powers Act (RIPA), allowing the police to ask for the disclosure of encryption keys or force suspects to decrypt encrypted data has not yet been implemented but the government considers time has come for it. The arguments relate to the rapid development of encryption products and the increased availability to such products including integrated security features in operating systems.
Comments on the two draft codes are expected by 30 August.
(via EDRI)

Free Software and Open Standards

Here are the highlights of the launch day of a project on Free Software and Open Standards. If you happen to be in Amsterdam on Saturday Monday this might be interesting. The people involved are definately worth listening to. For more information and the full program go here.

10:20 – 10:55 Presentation of the SELF project by Wouter Tebbens, SELF project leader
10:55 – 11:10 J.W. Broekema, programme manager OSOSS, â??After Open Source Software and Open Standards there’s Open Contentâ??

11:15 – 12:15 Theme I: Strategic implications of Free Software in the Netherlands and in Europe
Keynote by Georg Greve, president of Free Software Foundation Europe
Panel discussion led by Bert Melief (ISOC, M&I) with Paul Klint (CWI), Rob Rapmund (Twijnstra Gudde), Rishab Ghosh (FLOSSworld), Jan Willem Broekema (OSOSS), Joep van Nieuwstadt (Exin)

13:00 – 14:00 Theme II: The Open Content Revolution
Keynote by Mathias Klang, lecturer at Göteborg University and project lead of Creative Commons Sweden.
Panel discussion led by Jonas Ã?berg, vice president of the Free Software Foundation Europe, with Kees Stuurman (University of Tilburg), Jo Lahaye (HollandOpen), Ton Roosendaal (Blender), Martijn Verver (VPRO)

14:00 â?? 15:00 Theme III: Free Software Curriculum Building
Keynote about the European Master programme on Free Software by David Megias, Open University Catalunya (UOC, Spain)
Panel discussion led by Dessi Pefeva (ISOC.bg) with Peter Sloep (OU.nl/Fontys), Frank Kresin (Waag Society), Marja Verstelle (University of Leiden), Michael van Wetering (KennisNet), Leo Besemer (ECDL), Tom Dousma (SURF)

15:20 â?? 16:20 Theme IV: Semantic web, knowledge platforms, collaborative authoring
Keynote on the development of the SELF platform by Nagarjuna G., Homi Bhabha Centre for Science Education (India)
Panel discussion led by Michiel Leenaars (ISOC.nl) with Frank Benneker (UvA), Rob Peters (Zenc, UvA, HollandOpen), Gabriel Hopmans (Morpheus)

Background: The EC to invest in Free Software promotion and education
The European Commission is directing more and more money to promote the use of Free Software and Open Standards, which is a strategic objective within the IST (Information Society Technologies) Programme. The EC has signed a contract for this purpose with the SELF Consortium, a group of universities and free software advocates in seven countries, including Bulgaria, Argentina and India. The SELF project will receive funding for the startup period (of two years) of about 1 million euro.

A short intro on the SELF project
SELF (Science, Education and Learning in Freedom) is an international project that aims to provide a platform for the collaborative sharing and creation of open educational and training materials about Free Software and Open Standards. First of all, it will provide information, educational and training materials on Free Software and Open Standards presented in different languages and forms.
Secondly, it will offer a platform for the evaluation, adaptation, creation and translation of these materials. The production process of such materials will be based on the organisational model of Wikipedia.

Hello Peru!

The Creative Commons licenses were launched in Peru yesterday. This means that users in Peru now can choose CC licenses in their own language and adapted to their legal environment.

From the press release:

â??The Peruvian version of the Creative Commons licenses will be launched after the iLaw Program 2006 being held at Pontificia Universidad Catolica del Peru. Professor Lawrence Lessig of Stanford University, CEO & Chairman of Creative Commons, will deliver the keynote speech on the importance of Creative Commons Peruâ??, says Oscar Montezuma.

â??CC has been very well received in Peru. It has quickly gained the interest of many individuals and institutions ranging from the private to public sector. Success has been such, that I think Peru can eventually become a promising global free culture spot in South Americaâ??.

â??We are proud of the achievements of the Creative Commons community in Peru. This is a success for all Peruvian authors and creators,â?? adds Pedro Mendizabal.

Congratulations to the CC Peruvian Team.

Creative Commons Culture and Terra Nullius

I recently published an article in a Swedish journal called InfoTrend. The article included an English abstract which you can read below. The journal wanted me to sign a copyright form which I did. Their contract also included a clause granting me permission to reproduce the article on my website – so I feel I must! So here it is. I realise that I probably should refuse to sign all such documents and demand that they implement CC licenses and open access values but then not many articles would be published and I will not be able to spread the word. It’s a catch 22 kind of situation.

Creative common licensing model as an alternative The great land grab between the 15th and 18th centuries was often legitimised by the concept of terra nullius – since the land was not being commercially exploited, it was being wasted and was therefore free for anyone to take. This stance has in hindsight been criticised for its tragic impact on the cultures and ecology of the lands being taken. Thus today the concept of terra nullius has fallen in disrepute. Despite this the concept is being widely used in the debate on the ownership of copyrightable material. The actions of major cultural producers, such as Disney, show that exploiting from the public domain is a profitable business model. This article discusses the implications of these actions and presents the Creative Commons licensing model as an alternative for buildning a body of cultural material, which is secured under copyright, but can still be used in a manner akin to the public domain.

GPLv3 report II

Eben Moglen began his presentation by putting recent news in new perspective. He spoke of the retirement of Bill Gates in a way that I found intriguing.
When a CEO states that he resigns there is a period of calming the market. Therefore when Gates says he will step down in two years this should not be seen as a long time. Two years it is the minimum timeframe that will not spook the market. The important issue is that the resignation comes 6 months from the shipping the most important product in 10 years.

Also we can put this into another perspective the FSF is on schedule with the most important product in 15 years. The update of to the GPLv3. The process going to version three is open and public. Philosophically it reflects the rule-making process put forward by Habermas where the idea is that those affected by the rules should be part of the decision making process.

When discussing the substantial changes Eben explain why the GPLv3 has been adapted to meet the needs of issues such as distribution via torrents, the developments within patents and the increase in DRM.

On the latter he explained that companies feel that they should be allowed to have rights (digital) and want to protect them. Many of these feel that RMS is attempting to change their vocabulary (from Rights to Restrictions). But this is not about attempting to use a software license to address non-software problems. The license (and its implementation) is about the software and the four freedoms. DRM is about the attempt to prevent users from practicing the 4 freedoms.

In closing before an extended Q&A session Eben returned to the issue of Microsoft. The falling revenues and the stepping down of Bill Gates will have the effect that one of strongest voices against Free Software will be silenced (almost). In the future arguing for Free Software will therefore not meet the strong resistance it is accustomed to.