license

License Validity – again

TechnoLlama wrote about a Spanish Creative Commons case:

A Spanish court in Pontevedra has ruled in favour of the Sociedad General de Autores y Editores (SGAE) against a café named Direccion000. SGAE initiated action against the cafe to claim royalties for de public performance of music in the locale, while the owners claimed that they did not have to pay because they were only using â??free musicâ?? under Creative Commons licences.

The SGAE could show that the cafe was not entirely truthful in their claims. The music they were playing included that of members of the SGAE.

What is more interesting is that the court apparently commented on the CC licenses in the decision â??â?¦it is worth to point out that the document presented by the defendants-appellants as a licence for free use of music does not constitute anything other than a mere informative leaflet about its own content, lacking any form of signature, and therefore bereft of legal value whatsoeverâ??.

OK – let me come clean from the beginning: I am not a Spanish lawyer. But I find it incredibly hard to believe that the Spanish legal position on licenses & contracts is such that they need to be completed with the formality of the signature to be valid.

Additionally I would also like the court to explain what the value of a “informative leaflet” is under contract law.

OH NOT AGAIN… Where did these people go to law school?
The Creative Commons licensing system does not really require the status of a license to be able to survive. Under legal principles the fact that the creator has stated in an “informative leaflet” that she will not enforce her rights under copyright law is enough for me to follow the permissions and conditions stated in the Creative Commons documentation.

If I follow the documentation and the creator attempts to sue me for copyright violation (therefore  claiming that the Creative Commons is not a license) the courts would naturally understand my actions as being carried out with permission.

An analogy. Supposing a theme park which charges admission puts up a sign that admission on 1 January 2007 is free. If they (despite their previous idea) attempted to sue all visitors who did not pay admission on this date for trespassing the courts would hardly support the claims of the theme park.

Go and read:

Charles Fried Contract as Promise (We enforce contracts because they are promises â?? and we have a moral obligation to keep our promises).

Posted on by mklang

Cyberbalkanization

Sometimes the world seems more bizarre than usual. Nothing really big, just a bit like looking at a mirror from an angle… It’s the same, vaguely familiar space… and yet slightly different. Too much work has made me ignore the fun part of blogging. What is left is zipping rapidly through the news not really registering what is going on. This becomes a disjointed reality. It’s close, vaguely familiar and yet slightly unreal. Even explaining it all makes it seem stranger than it is.

Here are three examples of “news”

Swedish media is full of the news that we will soon (tonight) have our first Swedish astronaut. Christer Fuglesang is to be the first Swede in space (sounds like an episode of the Muppet Show). Actually it gets a bit strange since the Norwegians seem to be claiming him as well. Well wikipedia says he is one of ours so it must be right.

The Swedish tennis star Björn Borg has sold the rights to his name for 124 million kronor (18 MUSD) to Worldwide Brand Management. WBM has previously had the license to the brand and paid royalties to the Dutch company Fabulous Licensing, which has connections to the Borg family.

NASA announced plans Monday to begin building a permanent base on the moon by 2024, four years after the space agency starts sending crews of four astronauts there for weeklong exploratory missions. The base would probably be located near the lunar south pole and be staffed by rotating teams of international astronauts for up to six months at a time, according to NASA officials.

When I have less time I tend not to follow much “traditional” media (newspapers, radio & television). Then when I see these kinds of news items zipping past the horizon I get the feeling that I am not missing much.
In 2001 Cass Sunstein wrote about the dangers of Internet media in his book Republic.com (sample chapter). He argued that the Internet could weaken democracy because it allows citizens to isolate themselves within groups that share their own views and experiences, and thus cut themselves off from any information that might challenge their beliefs, a phenomenon known as the theory of cyberbalkanization.

Posted on by mklang

Java under GPL

Sun will release key parts of Java under GPLv2 today! The initial release today will include the HotSpot runtime, javac compiler, JavaHelp, and Sun’s Java ME implementation. The rest of Java will be released under GPLv2 early next year.

The license that GPL Java will be released under includes a classpath exception, which allows linking against the Java class libraries without open sourcing your code, so the GPL licensing will not affect the ability of Java developers to produce closed source applications with Java.

In addition, Sun will offer dual licensing of Java, so there will also be a commercial port still available which is fully certified to be standards compliant.

“This is a milestone for the whole industry,” said Rich Green. “Not only are we making an influential and widely used software platform for the Web available under an open-source license, it also underscores Sun’s commitment to changing the whole industry model for how software is enhanced and developed.”

(via JavaLobby)

Posted on by mklang

Toaster Filling

As mentioned earlier we are going to build a Freedom Toaster for the Technical Museum in Stockholm. Naturally itâ??s on a short deadline â?? life would be boring otherwise!

As part of the Toaster we also want to include more stuff than simply an operating system. We want to have texts, images, music and film. We also want the material to be Creative Commons licensed (or similar) so that people can do more than simply be passive consumers (if they choose to be more).

In an instance of synchronicity Рtoday I aimlessly browsed into the blog of an excellent artist & cartoonist and was blown away (who says procrastination is all bad?). Not only this but he happens to live in G̦teborg (same city as me).

Naturally I emailed him about the project and he is interested in helping to provide some of his artwork for the project. What can I say? Sometimes Fortuna plays along. Check out the artwork on Mattias Adolssonâ??s blog.

This is his Beatnick Dragon
Posted on by mklang

DRM & Vista

Yesterday at the Internet Days in Stockholm a nice man from Microsoft who was apparantly no more than three steps away from the head developor at Redmond (nice, if you like games like Six Degrees of Kevin Bacon)  stopped by the FSFE table to discuss DRM. We were on opposite sides of this issue and we had a very interesting discussion which concluded (predictably) that we were still in disagreement.

Basically his argument was that DRM can be useful and that opponents to DRM were too emotional (and a bit paranoid). My arguments were that DRM limits users rights, regulates in a way that limits legal rights and requires trust in a corporate body (whose goals are, and must be, profit – not user’s rights).

After a move into arguments that nobody is forced to use DRM:ed software we then moved into the realm of philosophy with arguments whether the user can “choose” without facts, or whether the user is aware that choices need to be made, and finally, whether or not the user cares about his/her rights.

We both had an agreeable time.

We also exchanged products. I gave him a copy of my PhD and he gave me a copy of Windows Vista Customer Preview program (Release Candidate 1). This version has ten licenses, which means that it can be installed on ten computers (or ten times on the same computer).

So â?? does anyone want to try Vista?

Posted on by mklang

Make a Toaster

Some friends and I are kicking around the idea to build a Freedom Toaster. What?, you may ask, is a Freedom Toaster? And why on earth build one? So, first things first.

The Freedom Toaster is like a vending machine. It stands in a central location waiting for customers. But what does it sell? You ask impatiently? Nothing.

The Freedom Toaster is preloaded to dispense free digital products, including software, photography, music and literature. The idea is to bring together a compilation of Free Software based on the GNU/Linux operating system and combine this with music and literature taken either from the public domain or licensed via Creative Commons.

The point is to create a showpiece comprised of an easy to use system which allows users to pick up their own copy of such a CD.

Again, Why?

Well those of us who feel comfortable with Free Software use the Internet as our primary infrastructure of distribution. But to those who are unfamiliar with Free Software finding a site, and deciding which software is needed, downloading it and finally installing it is a process filled with a number of barriers.

The Freedom Toaster is a way to circumvent some of those barriers and will hopefully make people feel more comfortable with the selecting and downloading process. One far reaching goal is to show that Free Software is in the reach of everybody.

Posted on by mklang

GPLv3 info from FSF

The Free Software Foundation wishes to clarify a few factual points about the Second Discussion Draft of GNU GPL version 3, on which recent discussion has presented inaccurate information.

1. The FSF has no power to force anyone to switch from GPLv2 to GPLv3 on their own code.  We intentionally wrote GPLv2 (and GPLv1) so we would not have this power.  Software developers will continue to have the right to use GPLv2 for their code after GPLv3 is published, and we will respect their decisions.

2. In order to honor freedom 0, your freedom to run the program as you wish, a free software license may not contain “use restrictions” that would restrict what you can do with it. Contrary to what some have said, the GPLv3 draft has no use restrictions, and the final version won’t either.

GPLv3 will prohibit certain distribution practices which restrict users’ freedom to modify the code.  We hope this policy will thwart the ways some companies wish to “use” free software — namely, distributing it to you while controlling what you can do with it.  This policy is not a “use restriction”: it doesn’t restrict how they, or you, can run the program; it doesn’t restrict what they, or you, can make the program do.  Rather it ensures you, as a user, are as free as they are.

3. Where GPLv2 relies on an implicit patent license, which depends on US law, GPLv3 contains an explicit patent license that does the same job internationally.

Contrary to what some have said, GPLv3 will not cause a company to “lose its entire [software] patent portfolio”.  It simply says that if someone has a patent covering XYZ, and distributes a GPL-covered program to do XYZ, he can’t sue the program’s subsequent users, redistributors and improvers for doing XYZ with their own versions of that program.  This has no effect on other patents which that program does not implement.

Software patents attack the freedom of all software developers and users; their only legitimate use is to deter aggression using software patents.  Therefore, if we could abolish every entity’s entire portfolio of software patents tomorrow, we would jump at the chance.  But it isn’t possible for a software license such as the GNU GPL to achieve such a result.

We do, however, hope that GPL v3 can solve a part of the patent problem.  The FSF is now negotiating with organizations holding substantial patent inventories, trying to mediate between their conflicting “extreme” positions.  We hope to work out the precise details of the explicit patent license so as to free software developers from patent aggression under a substantial fraction of software patents.  To fully protect software developers and users from software patents will, however, require changes in patent law.

Posted on by mklang

Down with DRM video contest

Freeculture are organising a video competition to coincide with the Down with DRM day.

Enter the Down with DRM video contest for a chance to win a Neuros OSD – a portable digital VCR!

Joining in Oct 3rd – Day Against DRM, Free Culture will select the 5 best anti-DRM video entries and award a Neuros OSD to each creator. DefectiveByDesign.org is also looking to air selected anti-DRM videos on their website during the week of October 3rd, and we want to give them a hand.

Here are the official rules to enter Free Culture’s Down with DRM video contest:

  • Deadline for submissions: Sunday, October 1 at 11:59pm EDT
  • Criteria for video:
    • Anti-DRM themed
    • Short
    • Video, animation, or remix
    • Make it catchy â?? we want these videos to be viral
  • Please submit your video to the online video sharing network(s) that you prefer. Here are some examples:
  • Please tag your video with “downwithdrm” and “dbdoct3” so that people can search for it.
  • Preference will be given to submissions under free content licenses such as Creative Commons BY-SA, BY, PD, or the Free Art license.
  • E-mail downwithdrm@freeculture.org with a link to your video by October 1 at 11:59pm EDT.
  • Free Culture will select the top 5 entries and award the winners with a Neuros OSD (one per video)
Posted on by mklang