license

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.

Posted on by mklang

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.

Posted on by mklang

GPLv3 report

The conference begins with Georg Greve explaining the organisation of FSF with its idea of sister organisations of FSF USA, FSF Europe, FSF Asia and FSF Latin America.

This was followed by Richard Stallman explaining what the GPLv3 would entail. He begins by stating very clearly that the most important thing to remember about any version of the GPL is that it is a free software license. Additionally the goal of the FSF is the liberation of cyberspace. This goal will be carried out by maintaining and defending four freedoms.

Software following the four freedoms is Free Software. If any freedom is substantially missing then it is proprietary software. The problem with this is that proprietary software is about the subjugation of users.

It is easy to write a license which says you are free to do what you want. But this is not the best way to liberate all the users. This is because people will modify and then distribute it as proprietary software. Copyleft is the method of preventing this practice. Copyleft is copyright flipped over. Copyright subjugates users. Copyleft prevents the middlemen from enclosing the code and making it proprietary.

Stallman then went through the highlights of important changes which are being discussed in the GPLv3.

This talk was followed by Ciaran Oâ??Riordan who gave a short talk of the public process before it was time for lunch.

Posted on by mklang

CC tool for Microsoft Office

Microsoft and Creative Commons (CC) have released a copyright licensing tool that enables the easy addition of CC licenses in the Microsoft Office package. The tool will enable users of the Office package to select a CC license from within the specific application. The copyright licensing tool will be available free of charge at Microsoft Office, and CC. The tool also provides a way for users to dedicate a work to the public domain.

Quotes from the press release:

â??Weâ??re delighted to work with Creative Commons to bring fresh and collaborative thinking on copyright licensing to authors and artists of all kinds,â?? said Craig Mundie, chief research and strategy officer at Microsoft. â??We are honored that creative thinkers everywhere choose to use Microsoft tools to give shape to their ideas. Weâ??re committed to removing barriers to the sharing of ideas across borders and cultures, and are offering this copyright tool in that spirit.â??

â??The goal of Creative Commons is to provide authors and artists with simple tools to mark their creative work with the freedom they intend it to carry,â?? said Lawrence Lessig, professor of law at Stanford Law School and founder of Creative Commons. â??Weâ??re incredibly excited to work with Microsoft to make that ability easily available to the hundreds of millions of users of Microsoft Office.â??

â??Itâ??s thrilling to see big companies like Microsoft working with nonprofits to make it easier for artists and creators to distribute their works,â?? said Gilberto Gil, cultural minister of Brazil, host nation for the Creative Commons iSummit in Rio de Janeiro June 23 through 25, where the copyright licensing tool will be featured. Gil, who will keynote at the iSummit, has released one of the first documents using the Creative Commons add-in for Microsoft Office.

The full list of licenses available from Creative Commons is available online.

Posted on by mklang

Open Video Project

Creative Commons and the Fedora Project have launched an open video contest on the topic of Openness and Freedom. The first prize is a Fedora-branded Sony Camcorder. The first 150 submissions will receive a pair of handsome Fedora Flip-Flops – prefect for the summer!

Open Video Contest

The video submission should be in ogg format, less than 10MB in size, less than 30 seconds in duration and licensed under the Creative Commons Attribution-ShareAlike 2.5 License (in the jurisdiction of your choice). The competition period is between 00:00 UTC June 20, 2006 and 00:00 UTC July 20, 2006. Winners will be notified by September 1, 2006. So I think this means that the Flip-Flops will have to wait until next summer…

More info.

Posted on by mklang

Academic Publishing and Copyright

The Science Commons has released three “Author Addenda” which are amendments that authors can attach to the copyright transfer form agreements they receive from publishing companies. The purpose is to ensure that the authors retain enough rights to publish their works online.

Every Science Commons Addendum ensures the freedom to use scholarly articles in teaching, conference presentations, lectures, other scholarly works, and professional activities. They differ in the following ways:

Want more information? Read the Background and FAQ.

Posted on by mklang

Hello Denmark

Denmark has launched Creative Commons license! Here is an excerpt from the press release:

On June 10, the Danish versions of the Creative Commons licenses were
launched in Copenhagen at a ceremony held in Politikens Foredragssal. At
the event, hosted by Copenhagen Business School, Professor Lawrence
Lessig (Chairman and CEO of Creative Commons) gave the keynote
address. The ceremony was sponsored by Copenhagen Business School, Bender
von Haller Dragsted law firm (www.bvhd.dk) and IBM Denmark (www.ibm.dk).

Says Dr. Thomas Riis, â??The Creative Commons licenses will benefit the
cultural life in Denmark. Creators and users of everything from music,
weblogs and homepages to paintings and books will profit from the
licenses.â?? Dr. Jan Trzaskowski adds that â??the licenses make it much easier
and faster to exchange creative works, which falls perfectly in line with
the vibrant cultural life in today’s Denmarkâ??.

Creative Commons Denmark.

Posted on by mklang

Will blog for cash (and even for free)

Actually I am sceptical to the idea of making money from blogging. In a previous post on the Blogburst I reported about the downsides of commercial feeds (they eat your broadband, usually you dont get more readers, and payment is virtually nil). Obviously there are the exceptions to the rule. In the same way as Madonna makes money from selling records is an exception from the thousands (hundreds of thousands?) who never will.

Dont get me wrong – I am not against money per se. I just dont believe that I will make money directly from my blog. Despite this, I found this news interesting.

Scoopt, the world’s first commercial citizen journalism photography agency, has just launched ScooptWords to help bloggers sell their content to newspapers and magazines. Within the Scoopt interface, you can easily add a Creative Commons Attribution-NonCommercial license to your blog right alongside a Scoopt commercial badge. Use the CC license to tell people how your work can be used non-commercially; use the ScooptWords badge to let editors know that your writing can be purchased for commercial use. There’s so much great blog content being created every day — it’ll be very exciting to see how it helps change the way newspapers and magazines are created.

(via Creative Commons)

The attempts to create commercial forms of citizen journalism are fascinating to watch. Again we see the new social uses of media threatening the established business models. Blogs will not kill print media but they will force print media news to adapt to a new reality.  As usual in situations such as these there will be commercial winners and losers.

Posted on by mklang

Freelancers & Copyright

My last post was an attempt to blog via mail but it was less than successful since all that was posted was the header. I obviously have a lot to learn in this area. The post was supposed to include this text:
Today I am attending the Nordic Seminar for Freelance Journalists. This year it is being held in Kungälv at a conference center with a great view of Bohus Fästning (Bohus Fortress). The whole event is between Friday and Sunday but I am here to talk about Creative Commons licensing for the intellectual property slot on Friday afternoon.

Bohus Fortress

The IP block begins with a discussion on recent caselaw which is followed by a presentation called the archaeology of copyright. After a short coffee break I will present Creative Commons licenses and the session closes with a presentation of the Nordic and European Union rules of Copyright. This sounds like an interesting way to spend the afternoon even if it seems like summer has finally arrived.

It will be interesting to hear first hand from the point of view of freelance journalists their views on copyright and hopefully we will even discuss the influence such technology as blogs.

I was concerned that the freelance journalists would not take well to CC but I could not have been more wrong. Their major concern is that their work can be (and often is) “stolen”, in addition to the need to be better at negotiating for payments for the online use of their work by their print media customers.

They often spoke of their concern for their reputation and themselves as trademarks – in particular their concern that online publication in forms that they could not predict may seriously damage their future work.

We had a very good discussion and the response was positive.

Posted on by mklang