Re: [Fwd: Re: [cc-licenses] Comments on the latest public CC draft]

2007-03-01 Thread Anthony W. Youngman
In message [EMAIL PROTECTED], Francesco 
Poli [EMAIL PROTECTED] writes

I think that requiring a credit at least as prominent as the credits
for the other contributing authors for a small contribution is
requiring excessive credit.
That's why I consider this clause as a non-free restriction.

As I said, if the clause said at least as prominent as the credits for
the authors of other comparable contributions, it would be OK, but the
actual clause doesn't say so, unfortunately.


Okay, I'm thinking of programs here, but I've come across several 
projects that, when they rev the program, drop the credits of authors of 
the previous version into a credits file.


Given that linux replaces a considerable amount of code at every 
iteration, and other projects probably do the same, this seems fair. 
However, this clause, to me, seems to forbid this practice.


Indeed, the drop credits into a file approach may be a very fair way 
of thanking authors whose work has been completely rewritten and who 
therefore no longer have any right to credit in the current work but who 
deserve credit because it was their work in the original instance. With 
this clause, how can you be fair to people like that?


Cheers,
Wol
--
Anthony W. Youngman - [EMAIL PROTECTED]


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Re: [Fwd: Re: [cc-licenses] Comments on the latest public CC draft]

2007-03-01 Thread Francesco Poli
On Thu, 1 Mar 2007 09:55:07 + Anthony W. Youngman wrote:

 In message [EMAIL PROTECTED], Francesco 
 Poli [EMAIL PROTECTED] writes
 I think that requiring a credit at least as prominent as the credits
 for the other contributing authors for a small contribution is
 requiring excessive credit.
 That's why I consider this clause as a non-free restriction.
 
 As I said, if the clause said at least as prominent as the credits
 for the authors of other comparable contributions, it would be OK,
 but the actual clause doesn't say so, unfortunately.
 
 Okay, I'm thinking of programs here, but I've come across several 
 projects that, when they rev the program, drop the credits of authors
 of  the previous version into a credits file.
 
 Given that linux replaces a considerable amount of code at every 
 iteration, and other projects probably do the same, this seems fair.

Possibly (at least, AFAIK, the GNU GPL v2 permits this practice!).

 However, this clause, to me, seems to forbid this practice.

IIUC, it does.

 
 Indeed, the drop credits into a file approach may be a very fair way
 of thanking authors whose work has been completely rewritten and who 
 therefore no longer have any right to credit in the current work but
 who  deserve credit because it was their work in the original
 instance. With  this clause, how can you be fair to people like that?

I'm not sure I see your point here: when dealing with authors whose
contribution has been completely deleted or replaced, we have no credit
obligations whatsoever.
We can of course thank them, but they cannot exploit copyright laws
anymore in order to force us to credit them.

Hence, this clause (or any other, for that matter) does not make a
difference, being inside a license we don't need anymore: we do not need
a license for a contribution we are no longer using... 


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Re: [Fwd: Re: [cc-licenses] Comments on the latest public CC draft]

2007-02-28 Thread Francesco Poli
On Sun, 25 Feb 2007 17:13:52 -0500 Evan Prodromou wrote:

 On Sun, 2007-25-02 at 19:16 +0100, Francesco Poli wrote:
[...]
  This is unchanged with respect to the previous drafts: I'm not yet
  convinced that this clause meets the DFSG.
 
 I disagree, and I think there's been some general agreement that if
 the request-to-remove only applies to metadata like authorship
 credits, it's DFSG compatible. Note that the original author cannot
 interfere with the contents of the work itself.

I cannot fully see this distinction between data and metadata.

I'm aware of an exception that the Debian Project grants for license
texts, as long as they are packaged as the licenses that apply to works
distributed in Debian.
Those license texts are acceptable, even when they are not modifiable,
and so forth.

I'm not aware of any other exception for metadata, such as authorship
credits.

Many licenses require that *accurate* credits be kept.  This seems to be
fine and acceptable (that is to say it's DFSG-free).

On the other hand, if a license required *inaccurate* credit, I think it
would be considered non-free.
If this is the case, how can forbidding *accurate* credit be considered
acceptable?

 
  This is unchanged with respect to the previous drafts: credit must
  be at least as prominent as the credits for the other contributing
  authors.  Even if the licensor's contribution is not comparable to
  others.
 
 *IF* a credit for all contributing authors of the ... Work appears.
 In other words, if you're listing out everybody, list out everybody.
 If you don't want to list out everybody, you can just leave people out
 as you wish.

I could want to list out everybody, but with different prominence,
depending on the importance of the contribution...

In my old example, one could want to put a credit for all contributing
authors and list

Tom Twentyfivechapters-- in 12 pt fonts
Nancy Nineteenchapters-- in 12 pt fonts
Oliver Oneortwochapters   -- in 11 pt fonts

It seems reasonable to me, but still does not comply with the license
granted by Oliver (assuming his one or two chapters have been adapted
from a work previously published by him under the terms of
CC-by-sa-v3.0), since credit for Oliver would not be at least as
prominent as the credits for the other contributing authors.

 
 I, and other members of the Debian CC Working Group, *don't* think
 that that is an onerous burden that makes it practically difficult or
 even impossible to exercise DFSG rights.

In your summary on CC-v2.0 licenses[1], you state:

| Requiring inaccurate or excessive authorship credits is an
| unreasonable restriction on distribution (DFSG 1) and making modified
| versions (DFSG 3).

[1] http://people.debian.org/~evan/ccsummary.html

I think that requiring a credit at least as prominent as the credits
for the other contributing authors for a small contribution is
requiring excessive credit.
That's why I consider this clause as a non-free restriction.

As I said, if the clause said at least as prominent as the credits for
the authors of other comparable contributions, it would be OK, but the
actual clause doesn't say so, unfortunately.

In your summary on CC-v.2.0 licenses[1], you recommend Creative Commons
to:

| Require credit for comparable authorship rather than comparable
| authorship credit. This makes it clear that the Licensor should be
| credited in proportion to their contribution, rather than equally to
| all other authors.

I still think that the Licensor should be credited in proportion to
their contribution, rather than equally to all other authors., as you
seemed to think at the time of the writing of the summary.
Did you change your mind, in the meanwhile?
Could you elaborate why?


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 Need to refresh your keyring in a piecewise fashion?
. Francesco Poli .
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[Fwd: Re: [cc-licenses] Comments on the latest public CC draft]

2007-02-25 Thread Evan Prodromou
I answered Francesco on cc-licenses, and I thought it'd be useful to
forward the answers here, too.

~Evan

---BeginMessage---
On Sun, 2007-25-02 at 19:16 +0100, Francesco Poli wrote:

 In a recent message[1] to the cc-licenses list, a new draft of CC-v3.0
 licenses was announced.

I don't believe this is a draft anymore; it's now a released version.
Since this is the case, it probably makes sense to have at least part of
this conversation on debian-legal.

 This is unchanged with respect to the previous drafts: I'm not yet
 convinced that this clause meets the DFSG.

I disagree, and I think there's been some general agreement that if the
request-to-remove only applies to metadata like authorship credits, it's
DFSG compatible. Note that the original author cannot interfere with the
contents of the work itself.

 This is unchanged with respect to the previous drafts: credit must be
 at least as prominent as the credits for the other contributing
 authors.  Even if the licensor's contribution is not comparable to
 others.

*IF* a credit for all contributing authors of the ... Work appears. In
other words, if you're listing out everybody, list out everybody. If you
don't want to list out everybody, you can just leave people out as you
wish.

I, and other members of the Debian CC Working Group, *don't* think that
that is an onerous burden that makes it practically difficult or even
impossible to exercise DFSG rights.


I disagree.

~Evan

-- 
Evan Prodromou -- http://evan.prodromou.name/

By God! I will accept nothing which all cannot have their counterpart
of on the same terms. -- Walt Whitman, Song of Myself


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