Re: [Foundation-l] Commons and The Year of the Picture

2009-01-22 Thread Yaroslav M. Blanter
Well, after http://fr.wikipedia.org/wiki/Projet:Impression this project
has been started (see also discussion on meta forum,
http://meta.wikimedia.org/wiki/Wikimedia_Forum#Alleged Commercialisation
of the French Wikipedia) I decided not to upload any images on Commons
with resolution higher than 800x600 any more. (This resolution is
perfectly fine to illustrate the articles but is substandard for any
commercial use). One of the stewards, MaxSem, has left all Wikimedia
projects because of this initiative. Therefore, I do not quite understand
what we are talking about.

Cheers
Yaroslav


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Re: [Foundation-l] Commons and The Year of the Picture

2009-01-22 Thread Gerard Meijssen
Hoi,
It has always been permitted to use the Commons work commercially. It has
always been explicitly prohibited to disallow non commercial use.

There are two options: either we only allow OTHERS to make money or we can
make some money as well. I disagree that 800x600 is perfectly fine because,
it may be fine for online content but it is not fine when printed. What is
it that makes you oppose us to make money in order to support our activities
?

I am surprised that you or MaxSem take this position. I do not quite
understand why you did not realise earlier that allowing commercial use is
what we have always done.
Thanks,
 GerardM

2009/1/22 Yaroslav M. Blanter pute...@mccme.ru

 Well, after http://fr.wikipedia.org/wiki/Projet:Impression this project
 has been started (see also discussion on meta forum,
 http://meta.wikimedia.org/wiki/Wikimedia_Forum#Alleged Commercialisation
 of the French Wikipedia) I decided not to upload any images on Commons
 with resolution higher than 800x600 any more. (This resolution is
 perfectly fine to illustrate the articles but is substandard for any
 commercial use). One of the stewards, MaxSem, has left all Wikimedia
 projects because of this initiative. Therefore, I do not quite understand
 what we are talking about.

 Cheers
 Yaroslav


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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 2:46 AM, Nikola Smolenski smole...@eunet.yu wrote:

 On Wednesday 21 January 2009 19:32:15 Erik Moeller wrote:
  2009/1/20 Nikola Smolenski smole...@eunet.yu:
   Don't know about this wording thing, but as a Wikipedia author, I have
 to
   say that I do not think that attributing me in this way is sufficient.
 As
   a Wikimedian, I believe that a lot of people will feel the same.
 
  That's probably true, Nikola. The proposed attribution language is
  intended to balance the various positions (ranging from 'an URL should
  always be fine' to 'names should always be given'), the established

 I'm not sure that these positions should be balanced.


I'd say the key to this whole relicensing debate is that the positions
shouldn't be balanced.  It is my firm conviction that you ought not
violate some individuals' rights for the good of some other (larger) group
of individuals.  Thus, the arguments about how difficult and onerous it is
to give credit fall on deaf ears.  It doesn't matter how difficult it is to
credit people.  People have a right to be credited, and printing a URL in a
book or on a T-shirt or at the end of a movie doesn't cut it.  This is
especially true because *it's the Wikimedia Foundation's fault* that it's so
difficult to track authors in the first place.  I personally was arguing for
more care to be taken in this space and/or an *opt-in* move to a dual
licensing scheme (and adoption of the real name field) *over 4 years ago*
(yes Mike, I double-checked this one).  The fact that these concerns were
ignored for so long *is not the fault of the authors*.  Our rights should
not be violated or balanced away.
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Re: [Foundation-l] Commons and The Year of the Picture

2009-01-22 Thread Gerard Meijssen
Hoi,
Sam I asked a question and you conveniently snipped that out. So you did not
reply to my question and consequently your statement of not at all  does
not relate to what I wrote..

If you are of the opinion that things can be done differently, please
explain how. A printer makes money, that is how he earns his crust. So how
would non-profit printing work. Does it exist ? You are also under the
impression that we are meeting our targets.. What do you know of the
financial position of the French chapter and what do you know of its
ambitions ?
Thanks,
  GerardM

2009/1/22 Sam Johnston s...@samj.net

 On Thu, Jan 22, 2009 at 1:48 PM, Gerard Meijssen
 gerard.meijs...@gmail.comwrote:

  It has always been permitted to use the Commons work commercially. It has
  always been explicitly prohibited to disallow non commercial use.
  snip
  I am surprised that you or MaxSem take this position. I do not quite
  understand why you did not realise earlier that allowing commercial use
 is
  what we have always done.
 

 That is not at all the point - this is a slippery slope indeed and a
 dangerous precedent to set, especially at the chapter level. There are
 potentially ways it could be done properly (eg open access to suppliers
 meeting a certain standard, non-profit printing, etc.) but so long as we're
 meeting our targets the potential cost does not seem to be at all worth the
 significant risk.

 I hope MaxSem returns once sanity prevails,

 Sam
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Re: [Foundation-l] Commons and The Year of the Picture

2009-01-22 Thread Gerard Meijssen
Hoi,
The French chapter is a non profit organisation and France is not confined
to a single language or a single project. When the French chapter aims to
support the Wiki community and does this in France by doing similar things
to the Germans, I can only applaud them. By opening up the French cultural
heritage to us, all our project will benefit. By running projects locally,
the WMF organisation does not need to be involved the Germans brought us the
Tool server, I will happy to learn how the French will make a difference.

Consequently the notion that we will not all benefit from the work of the
French chapter is hard to support.
Thanks,
  GerardM

2009/1/22 Yaroslav M. Blanter pute...@mccme.ru

  i dont think the argument here is that people can make money from commons
  and the pictures etc, its the fact (as i see it) that a commercial site
  has
  a link from the french wikipedia side bar to their site to make a profit.
  what is the difference between this and link spamming and advertising.
 

 Well, this is one point. Another point is, as far as I know, Wikimedia.fr,
 which benefits from the commercial use, does not transfer money to support
 other projects. I would not object to commercial use of MY pictures if I
 knew that the profit is in a transparent (like donations) way invested in
 the infrastructure of the whole foundation. So far, I have not seen any
 evidence that this is the case. On the contrary, the main argument in the
 discussion was We have decided to do it in French Wikipedia, and Meta has
 nothing to say about this.

 I disagree that 800x600 is perfectly fine
  because,
  it may be fine for online content but it is not fine when printed.

 Not really, I can print it out and it works fine. But not as a poster of
 course.

 Cheers
 Yaroslav


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Re: [Foundation-l] Commons and The Year of the Picture

2009-01-22 Thread Guillaume Paumier
Hello,

On Thu, Jan 22, 2009 at 2:14 PM, Mark (Markie)
newsmar...@googlemail.com wrote:
 i dont think the argument here is that people can make money from commons
 and the pictures etc, its the fact (as i see it) that a commercial site has
 a link from the french wikipedia side bar to their site to make a profit.
 what is the difference between this and link spamming and advertising.

 i have no objections to people making money, especially if it benefits WMF
 but i do have a problem with third parties using wikipedia to place links so
 they can make money

How is this posters project any different from what we already do with
PediaPress?

-- 
Guillaume Paumier
[[m:User:guillom]]

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 8:24 AM, Anthony wikim...@inbox.org wrote:
 I'd say the key to this whole relicensing debate is that the positions
 shouldn't be balanced.  It is my firm conviction that you ought not
 violate some individuals' rights for the good of some other (larger) group
 of individuals.  Thus, the arguments about how difficult and onerous it is
 to give credit fall on deaf ears.  It doesn't matter how difficult it is to
 credit people.  People have a right to be credited, and printing a URL in a
 book or on a T-shirt or at the end of a movie doesn't cut it.  This is
 especially true because *it's the Wikimedia Foundation's fault* that it's so
 difficult to track authors in the first place.  I personally was arguing for
 more care to be taken in this space and/or an *opt-in* move to a dual
 licensing scheme (and adoption of the real name field) *over 4 years ago*
 (yes Mike, I double-checked this one).  The fact that these concerns were
 ignored for so long *is not the fault of the authors*.  Our rights should
 not be violated or balanced away.

Questions:
1) Why doesn't a URL to a comprehensive history list cut it? If
anything, I would prefer the URL be used instead of a simple list of
pseudonyms because the URL will contain the revision history and will
display not only who has edited the page, but also the magnitude of
those contributions.  Also, the URL doesn't cut out only 5 of the
authors from the list when a reuser adds a title page (thus removing
all credit from the vast majority of contributors).
2) Printing a small list of pseudonyms of the back of a T-shirt is no
more helpful then the illegible legal disclaimers on TV commercials.
Sure they satisfy the letter of the law but certainly violate it's
spirit. A small comma-separated list tacked on to the end of a printed
version, or scribbled on the bottom of a coffee cup may satisfy the
letter of the attribution clause, but certainly does not satisfy it's
spirit. Is it really better to have a list of authors that may be
illegible, not-searchable and not-sortable? Wouldn't attribution be
better handled by a well-designed web interface? Is it better for
reusers to determine what is the best way to give credit, when we can
give credit in a very positive and well thought-out way and let
reusers simply tap into that?

--Andrew Whitworth

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Re: [Foundation-l] Commons and The Year of the Picture

2009-01-22 Thread Florence Devouard
Yaroslav M. Blanter wrote:
 i dont think the argument here is that people can make money from commons
 and the pictures etc, its the fact (as i see it) that a commercial site
 has
 a link from the french wikipedia side bar to their site to make a profit.
 what is the difference between this and link spamming and advertising.

 
 Well, this is one point. Another point is, as far as I know, Wikimedia.fr,
 which benefits from the commercial use, does not transfer money to support
 other projects. I would not object to commercial use of MY pictures if I
 knew that the profit is in a transparent (like donations) way invested in
 the infrastructure of the whole foundation. So far, I have not seen any
 evidence that this is the case. On the contrary, the main argument in the
 discussion was We have decided to do it in French Wikipedia, and Meta has
 nothing to say about this.
 
 I disagree that 800x600 is perfectly fine
 because,
 it may be fine for online content but it is not fine when printed.
 
 Not really, I can print it out and it works fine. But not as a poster of
 course.
 
 Cheers
 Yaroslav

---

and

... - this is a slippery slope indeed and a
dangerous precedent to set, especially at the chapter level. There are
potentially ways it could be done properly (eg open access to suppliers
meeting a certain standard, non-profit printing, etc.) but so long as we're
meeting our targets the potential cost does not seem to be at all worth the
significant risk.

I hope MaxSem returns once sanity prevails,

Sam

---

and

Hoi,
The French chapter is a non profit organisation and France is not confined
to a single language or a single project. When the French chapter aims to
support the Wiki community and does this in France by doing similar things
to the Germans, I can only applaud them. By opening up the French cultural
heritage to us, all our project will benefit. By running projects locally,
the WMF organisation does not need to be involved the Germans brought us the
Tool server, I will happy to learn how the French will make a difference.

Consequently the notion that we will not all benefit from the work of the
French chapter is hard to support.
Thanks,
   GerardM



Couple of quick clarifications/reminders

1. This project was not started and developped by the French chapter, 
but by a wikipedia participant, who happened to ask the support of the 
French Chapters. Which we agreed to offer. So, there is no slippery slope.

2. The French Wikipedia community has done an non-exclusive arrangement. 
Only one company has been involved for now because it was the only one 
interested and because it was interesting to first test the concept.
If you look carefully at the interface, it is quite obvious it is 
planned to welcome other companies; as well as to welcome community 
feedback on quality of service provided.

3. There is very little difference between this project and the 
Pediapress one. Actually, the only serious difference is that one make a 
donation to Wikimedia France and the other to Wikimedia Foundation. The 
other serious difference is that one is ported by Wikimedia Foundation 
and the other one ported by the community.

4. Prior to starting the service, the company spontaneously made a 500 
euros donation to Wikimedia Foundation. And was disappointed to learn 
afterward that it would not be tax deductible. Wikimedia France provides 
this deductibility, hence augmenting the chance of higher donation from 
the company.

5. I see comments as well claiming that the operations of the French 
chapter do not benefit the projects.
Please find here: 
http://commons.wikimedia.org/wiki/Category:Supported_by_Wikimedia_France
the list of all pictures that could be added to Wikimedia Commons and 
our common pool of knowledge only THANKS to Wikimedia France (through 
funding of the amateur photographs travel to various famous event, or 
through the accreditations provided by Wikimedia France to access press 
areas in order to take good quality pictures).
That category, supported by Wikimedia France, already host 800 good 
quality freely-licenced images.

6. I also see comments claiming that the benefits of Wikimedia France is 
not transparently reinvested in the entire infrastructure.
You will find the financial report of the association:
- in 2005: http://wikimedia.fr/share/rapport_financier_WMFrance2005.pdf
grand total: 2721 euros
  - in 2006: http://wikimedia.fr/share/Rapportfinancier_final2006.pdf
see details of expenses in the document.
- in 2007: 
http://meta.wikimedia.org/wiki/Wikimédia_France/Rapport_d%27activité_2007
Regarding 2008, our year report is not yet published.
But you will be happy to learn that we spent 2059,99 euros for the 
digitization of old documents (put in wikisource)


But more than that

In november 2007, the board approved the following resolution which I 
will translate for you

Résolution
Le CA autorise la dépense de 2228€ pour l'achat (software + 

Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 9:49 AM, Mike Godwin mgod...@wikimedia.org wrote:

 I think you and I both know that your whole business of saying there
 are over 100 versions of CC-BY-SA was an attempt to try to create
 ambiguity and anxiety when there isn't really any.


No, I could have accomplished quite the same point by saying that there are
over 50 versions, which is clearly true (I'm actually still not convinced
that over 100 isn't correct - I counted 92 just between 2.5 and 3.0, but I
may have double-counted, there doesn't seem to be a clear list of them all).

My point still stands.  There are many versions of CC-BY-SA 3.0.  The
proposal should be specific as to which one(s) it is talking about.  Adding
the words any version of or all versions of or the Unported version of
or the US version of would make this clear.
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Mike Godwin

Anthony writes:

  The credit should be part of the
 work itself, not external to the work.

This is a very odd notion, and I find nothing in the language of any  
free license that supports it.  Freely licensed photos, for example,  
don't have to have the attribution as part of the photo.   Freely  
licensed texts don't require that attribution occur *within* the text  
proper -- it can occur at the beginning or the end.  (You can imagine  
how much more difficult a software manual would be to use if  
attribution had to occur right next to the incorporated text.)  The  
whole notion that attribution is required part of the [substantive]  
work itself rather than adjacent to it, or easily reachable from it,  
is your invention, and, in my view, not a requirement of the language  
of free licenses.

We honor free licenses by making it possible to determine the  
provenance of a work, not by making attribution part of the work  
itself. Nor has the notion of attribution ever been meant to be  
understood rigidly. As Richard Stallman says in his letter regarding  
the point-release change to GFDL: We have never asserted that we will  
not change our licenses, or that we will never make changes like this  
one. Rather, our commitment is that our changes to a license will  
stick to the spirit of that license, and will uphold the purposes for  
which we wrote it.

Stallman also says this:  We did this to allow those sites [such as  
Wikipedia] to make their licenses compatible with other large  
collections of copylefted material that they want to cooperate with.

The ultimate question has to be whether we truly believe Wikipedia and  
other Wikimedia projects really do aim to make it easier to spread  
free knowledge throughout the world -- there is a general  
acknowledgement that the particulars of the GFDL may make it hard for  
the projects to do this, and that is why FSF decided to allow the  
opportunity for dual-licensing of Wikipedia content under GFDL 1.3 and  
a particular subset of CC-BY-SA -- both requires attribution but  
acknowledge that massive collaborative projects raise special problems  
in balancing the need for attribution against the need to share free  
knowledge.  If the former is ultimately seen as more important than  
the latter -- which is apparently your view, Anthony -- then we're  
scarcely better off under a free license than we were under the all  
rights reserved regime of traditional copyright.

I think Stallman's approach of sticking to the spirit of free licenses  
is the right attitude to have.  Otherwise we stick to the letter of  
your requirement, Anthony, and lose the spirit altogether.


--Mike




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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 9:58 AM, Anthony wikim...@inbox.org wrote:
 As Thomas said, it requires Internet access, which might not be available.
 I think it's a bit more than that, though.  The credit should be part of the
 work itself, not external to the work.  When you're talking about a website,
 it's hard to define where the work begins and where it ends, clearly a work
 can span multiple URLs, and it's essentially meaningless whether or not
 those URLs have different domain names (at least assuming they are both kept
 nearly 100% reliable).  None of these three things are true with books,
 T-shirts, or movies (for a movie a URL would be especially obnoxious).

As a contributor to these 'ere projects myself, I personally would
prefer the less reliable but more informative URL for attribution
myself. That's a personal preference only, and I don't see any need to
push that on others.

 Frankly, I don't understand the point of printing a Wikipedia article on a
 T-shirt in the first place.  This is a stupid example I include only for the
 sake of completeness, because others keep bringing it up.

 Sure they satisfy the letter of the law but certainly violate it's
 spirit. A small comma-separated list tacked on to the end of a printed
 version, or scribbled on the bottom of a coffee cup may satisfy the
 letter of the attribution clause, but certainly does not satisfy it's
 spirit.


 How many authors is a coffee cup going to have?  Again, I don't understand
 why coffee cups are even a consideration.

Think about any merchandising opportunity where text from an article
is used: T-Shirts, mouse pads, coffee cups, posters, etc. We can't
have a policy vis-a-vis attribution that only covers cases where its
convenient to follow. If we're going to demand that attribution be
treated like an anchor around the necks of our reusers, we need to
make that demand uniform. Either that, or we need to recognize that
the benefit to easy reuse of our content far outweighs the need to
repeat gigantic author lists.

Our authors contributed to our projects with the expectation that
their content would be freely reusable. Requiring even 2 pages of
attributions be included after every article inclusion is a non-free
tax on content reuse, and a violation of our author's expectations.
Demanding that authors be rigorously attributed despite having no
expectations for it, while at the same time violating their
expectations of free reuse doesn't quite seem to me to be a good
course of action.

 I think reusers should determine what the best way is to give credit.
 However, if they can't meet a minimal standard, then they ought to not use
 the work at all.

Letting reusers determine what is the best way is surely a pitfall.
You're assuming that miraculously corporate interests are going to be
preoccupied with providing proper attribution. If the requirements are
too steep, people will either misapply them, abuse them, or ignore
them completely. People who want to reuse our content will find
themselves unable, and authors who could have gotten some attribution
(even if not ideal) will end up with none. Requiring more attribution
for our authors will have the effect of having less provided. Do you
think this is really going to provide a benefit to our contributors?

--Andrew Whitworth

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread David Gerard
2009/1/22 Andrew Whitworth wknight8...@gmail.com:
 On Thu, Jan 22, 2009 at 9:58 AM, Anthony wikim...@inbox.org wrote:

 As Thomas said, it requires Internet access, which might not be available.
 I think it's a bit more than that, though.  The credit should be part of the
 work itself, not external to the work.  When you're talking about a website,
 it's hard to define where the work begins and where it ends, clearly a work
 can span multiple URLs, and it's essentially meaningless whether or not
 those URLs have different domain names (at least assuming they are both kept
 nearly 100% reliable).  None of these three things are true with books,
 T-shirts, or movies (for a movie a URL would be especially obnoxious).

 As a contributor to these 'ere projects myself, I personally would
 prefer the less reliable but more informative URL for attribution
 myself. That's a personal preference only, and I don't see any need to
 push that on others.


Use my stuff, that's why I write it! I dual-licensed all my article
space text and pictures as CC-by-sa any a while ago anyway. More
people should do this IMO.


- d.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 10:30 AM, Mike Godwin mgod...@wikimedia.org wrote:


 Anthony writes:
   The credit should be part of the work itself, not external to the work.

 This is a very odd notion, and I find nothing in the language of any
 free license that supports it.


Well, first off, I wasn't referring to free licenses, I was referring to
rights.

That said, the GFDL requires authors to be listed in the section entitled
History, and it clearly states that a section Entitled XYZ means a named
subunit of the Document...
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Sam Johnston
On Thu, Jan 22, 2009 at 8:46 AM, Nikola Smolenski smole...@eunet.yu wrote:

 We can develop tools that would identify principal authors with sufficient
 accuracy; and this list of authors is likely to be short enough to be
 practically included in full.


I disagree with this assertion regarding automation and can think of many
situations both in which this does not hold true, giving false negatives
(e.g. single/initial uploads of large contributions, uploads using multiple
aliases, imports, IP numbers and not-logged-in contributions, etc.) and
false positives (e.g. minor edits not marked as such, spam/vandalism,
comprehensive rewrites, deletions, abuse/'attribution whoring', etc.).

The only 'tool' I can see being effective for identifying principal authors
is discussion, which will invariably lead to conflict, create unnecessary
risk for reusers and waste our most precious resource (volunteer time) en
masse. Oh, and I would place anyone who considers their own interests taking
precedence over those of the community (both within Wikipedia and the
greater public) into the category of 'tool' too :)

Please consider this, especially in light of recent research that shows that
 most Wikipedia contributors contribute from egoistic reasons ;)


Wikipedia is a community and those who contribute to it for egotistic rather
than altruistic reasons (even if the two are often closely related) are
deluding themselves given they were never promised anything, least of all
grandeur. What value do they really think they will get from a 2pt credit
with 5,000 other authors? If it is relevant to their field(s) of endeavour
then they can draw attention to their contribution themselves (as I do) and
if they don't like it then they ought to be off writing books or knols or
contributing to something other than a community wiki.

I might add that the argument that you ought not violate some individuals'
rights for the good of some other (larger) group of individuals is weak in
this context, and that exactly the same can be (and has been) said in
reverse:

Requiring even 2 pages of attributions be included after every article
inclusion is a non-free tax on content reuse, and a violation of our
author's expectations.

Sam
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 10:37 AM, Andrew Whitworth wknight8...@gmail.comwrote:

 On Thu, Jan 22, 2009 at 9:58 AM, Anthony wikim...@inbox.org wrote:
  As Thomas said, it requires Internet access, which might not be
 available.
  I think it's a bit more than that, though.  The credit should be part of
 the
  work itself, not external to the work.  When you're talking about a
 website,
  it's hard to define where the work begins and where it ends, clearly a
 work
  can span multiple URLs, and it's essentially meaningless whether or not
  those URLs have different domain names (at least assuming they are both
 kept
  nearly 100% reliable).  None of these three things are true with books,
  T-shirts, or movies (for a movie a URL would be especially obnoxious).

 As a contributor to these 'ere projects myself, I personally would
 prefer the less reliable but more informative URL for attribution
 myself. That's a personal preference only, and I don't see any need to
 push that on others.


I understand that viewpoint and think it is reasonable.  How about adding a
checkbox to preferences, that says allow attribution by URL?

Our authors contributed to our projects with the expectation that
 their content would be freely reusable. Requiring even 2 pages of
 attributions be included after every article inclusion is a non-free
 tax on content reuse, and a violation of our author's expectations.
 Demanding that authors be rigorously attributed despite having no
 expectations for it, while at the same time violating their
 expectations of free reuse doesn't quite seem to me to be a good
 course of action.


I think it's clear that at least some people expected to be attributed
directly in any print edition encyclopedias made from Wikipedia.  Do you
deny that, or do you just think it doesn't matter?

 I think reusers should determine what the best way is to give credit.
  However, if they can't meet a minimal standard, then they ought to not
 use
  the work at all.

 Letting reusers determine what is the best way is surely a pitfall.
 You're assuming that miraculously corporate interests are going to be
 preoccupied with providing proper attribution.


I qualified my statement with the fact that they do need to at least meet a
minimal standard.  That said, I believe that corporate interests *are* best
served by providing proper attribution.  There may be some short-term gains
to be had by violating people's rights, but in the end doing so will kill
the goose that lays the golden egg, so to speak.  (They'll also be unable to
distribute their content legally in most any jurisdiction in the world other
than the United States.)
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 10:56 AM, Sam Johnston s...@samj.net wrote:
 Please consider this, especially in light of recent research that shows that
 most Wikipedia contributors contribute from egoistic reasons ;)

 Wikipedia is a community and those who contribute to it for egotistic rather
 than altruistic reasons (even if the two are often closely related) are
 deluding themselves given they were never promised anything, least of all
 grandeur. What value do they really think they will get from a 2pt credit
 with 5,000 other authors? If it is relevant to their field(s) of endeavour
 then they can draw attention to their contribution themselves (as I do) and
 if they don't like it then they ought to be off writing books or knols or
 contributing to something other than a community wiki.

I have Author at English Wikibooks listed very prominently on my
Resume, and often reference it in cover letters I send out. This is
especially true for job listings that require good communication
skills. My work on Wikibooks, even if it showed nothing more then my
proficiency in the English language, helped me get my current job.
Part of my current responsibilities involve writing documentation, for
which I was considered to be very qualified because of my work on
Wikibooks.

So I would say that yes, our editors can derive very real benefits
from their work on Wiki. I will temper that by saying that it's up to
the authors to derive that benefit themselves. We don't send out
royalty checks so if authors want to be benefitted by their work here,
they need to make it happen and not rely on other people properly
applying attribution for them.

--Andrew Whitworth

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 10:56 AM, Sam Johnston s...@samj.net wrote:

 I might add that the argument that you ought not violate some individuals'
 rights for the good of some other (larger) group of individuals is weak in
 this context, and that exactly the same can be (and has been) said in
 reverse:

 Requiring even 2 pages of attributions be included after every article
 inclusion is a non-free tax on content reuse, and a violation of our
 author's expectations.


Even if that were true (and it isn't), that still wouldn't justify the
violation of the rights of those authors who want and expected to be
credited.  If your statement were true (and it isn't), it would mean that
the only right thing to do is to not use the work at all.

To borrow a line from the GPL, If you cannot convey a covered work so as to
satisfy simultaneously your obligations under this License and any other
pertinent obligations, then as a consequence you may not convey it at all.
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 11:03 AM, Anthony wikim...@inbox.org wrote:
 I understand that viewpoint and think it is reasonable.  How about adding a
 checkbox to preferences, that says allow attribution by URL?

Insofar as this satisfies my personal preference on the matter, I say
that this is fine. If we added this checkbox to the software now there
would be, of course, an argument about whether the box should be
checked by default or not. Keeping in mind that the vast majority of
user accounts are now abandoned, whatever we set for the default value
of this box would become the de facto standard for attribution anyway.

 I think it's clear that at least some people expected to be attributed
 directly in any print edition encyclopedias made from Wikipedia.  Do you
 deny that, or do you just think it doesn't matter?

I don't deny it, but I am curious to see some evidence that this
preference has indeed been made clear by some of our editors. I can't
say that I've ever seen somebody express such a preference on
Wikibooks, but then again we have a smaller community and are
relatively insulated from discussions like this. To that effect, since
people haven't clearly expressed this situation on Wikibooks, I think
we could end up in a situation where different projects could handle
their attribution requirements differently. The situation over there
is sufficiently different for a number of reasons that it's probably
not a good parallel anyway.

--Andrew Whitworth

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Thomas Dalton
2009/1/22 Sam Johnston s...@samj.net:
 What value do they really think they will get from a 2pt credit
 with 5,000 other authors?

Don't underestimate the enjoyment of looking through the page of
credits at the back of a printed book and finding your name! People
like to be acknowledged, even if it doesn't serve any greater purpose.

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Re: [Foundation-l] [Wikipedia-l] vro

2009-01-22 Thread Kjetil Lenes
If you consider Norwegian nynorsk to be a dialect, you have your facts 
wrong. It is one of two written forms of norwegian, they have the same 
legal standing.

Kjetil Lenes

Lars Aronsson skreiv:
 Gerard Meijssen wrote:

   
 It is nice that you oppose, there are reasons why it might be a 
 bad idea, but the ones that I know are not the ones you put 
 forward. A reason why a change would be good is that it will 
 prevent confusion.
 

 Come on, nobody is confused about what language Estonian is.  If 
 giving a language code to a local dialect means we have to rename 
 all URLs for one of the major Wikipedias (Estonian is the 34th 
 biggest, Bokmål is the 13th biggest), this only means we have to 
 oppose all future assignments of new ISO language codes.  It is OK 
 to use the standard when naming new Wikipedias, but it's not OK to 
 suddenly change a well-known address.

 We're here to spread free knowledge.  That is not helped by 
 renaming all of our URLs just because of some random ISO standard 
 change.  The no and et Wikipedias should be kept as they are.


   

-- 
Kjetil Lenes

OBS! Ny epostadresse: ekkoe...@online.no


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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread David Goodman
There is an analogous project. The thousands of contributors of
quotations exemplifying use to the Oxford English Dictionary have
their names listed, though not with the items they sent.  the
principal ones are listed separately, but even those who sent in a
single quotation are in a list. I know people who have done just that,
and are quite reasonably very pleased to be included there.

On Thu, Jan 22, 2009 at 11:58 AM, Thomas Dalton thomas.dal...@gmail.com wrote:
 2009/1/22 Sam Johnston s...@samj.net:
 What value do they really think they will get from a 2pt credit
 with 5,000 other authors?

 Don't underestimate the enjoyment of looking through the page of
 credits at the back of a printed book and finding your name! People
 like to be acknowledged, even if it doesn't serve any greater purpose.

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-- 
David Goodman, Ph.D, M.L.S.
http://en.wikipedia.org/wiki/User_talk:DGG

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Nikola Smolenski
On Thursday 22 January 2009 00:20:14 Erik Moeller wrote:
 The attribution issue is so divisive, however, that I increasingly
 wonder whether it wouldn't be sensible to add at least a set of
 preferences to the licensing vote to better understand what people's
 preferred implementation would look like, within the scope of what we
 consider to be legally defensible parameters.

In fact, I believe I have the solution that would satisfy everyone.

Requirement would be to give credit via the credit URL, and by mentioning the 
principal authors listed at that URL. What authors will be listed at that URL 
is something that we may change at our leisure: for example, this may be the 
proposed list of five authors, or none if more than five; or it may be a list 
of authors that is no longer than 1% of the length of the article, or none of 
longer; or, when appropriate software is developed, the list of principal 
authors as recognised by the software; it may even differ from project to 
project, for example Wikisource may choose to credit the authors manually (it 
is already doing something similar); and so on and so forth.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread geni
2009/1/22 Erik Moeller e...@wikimedia.org:
 That's evidently not true. Many people in this debate have said that
 giving all names encumbers re-use of the work when such lists get very
 long, so they are not 'fine' with listing all names, because they
 recognize that there is an additional good (ease of re-use) that needs
 to be served.

Not really. Remember that reasonable to the medium or means
statement? Any means that resulted in serious encumberment would be
unlikely to be considered reasonable. Compared the issues caused by
copyright notices it's a pretty minor problem.

 It's true that this is not the case for a large number
 of articles, but it's often the case for the most interesting ones.
 The proposed attribution language - to state names when there are
 fewer than six - is precisely written as a compromise.

Evidences?

-- 
geni

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Thomas Dalton
 Requirement would be to give credit via the credit URL, and by mentioning the
 principal authors listed at that URL. What authors will be listed at that URL
 is something that we may change at our leisure: for example, this may be the
 proposed list of five authors, or none if more than five; or it may be a list
 of authors that is no longer than 1% of the length of the article, or none of
 longer; or, when appropriate software is developed, the list of principal
 authors as recognised by the software; it may even differ from project to
 project, for example Wikisource may choose to credit the authors manually (it
 is already doing something similar); and so on and so forth.

Any system other than crediting everyone or crediting no one requires
choosing people. How do you propose that to be done? And why doesn't
the person that contributed the 6th most text (say) not deserve to be
credited for their work?

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 1:32 PM, Erik Moeller e...@wikimedia.org wrote:

 2009/1/21 Nikola Smolenski smole...@eunet.yu:
  I'm not sure that these positions should be balanced. For example,
 everyone
  who believes that an URL should be fine is also OK if all names are
 given,
  but not the other way around.

 That's evidently not true. Many people in this debate have said that
 giving all names encumbers re-use of the work when such lists get very
 long, so they are not 'fine' with listing all names, because they
 recognize that there is an additional good (ease of re-use) that needs
 to be served.


But they granted a license to use their work under the GFDL, didn't they?
The GFDL certainly allows listing all names, doesn't it?

If you're saying these people have a right to revoke the GFDL from their
work, well, I won't argue against you.  But I find it strange that you would
argue this.
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Anthony
On Wed, Jan 21, 2009 at 6:20 PM, Erik Moeller e...@wikimedia.org wrote:

 The attribution issue is so divisive, however, that I increasingly
 wonder whether it wouldn't be sensible to add at least a set of
 preferences to the licensing vote to better understand what people's
 preferred implementation would look like, within the scope of what we
 consider to be legally defensible parameters.


If more than 10% or so of voters want direct attribution, it'll probably be
enough of a critical mass to support a fork, licensed under the GFDL 1.2
only.

I don't know if it's going to be that high or not, though.
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Michael Snow
Milos Rancic wrote:
 * If it is about printed work, it should point at least to the
 appropriate printed work. It is really not any kind of reasonable
 solution to allow pointing from less advanced medium to more advanced
 medium.
   
Independent of the relicensing debate, I don't understand this comment 
at all. Printed works very commonly include URLs to point people to 
material that is online. Some amount of adjustment has been involved as 
people sorted out the issues involved, but at this point it's quite 
routine. So I don't see why we should imagine for ourselves a rule 
against pointing to the web from print. (Or vice versa, for those people 
who think Wikipedia citations have to be to something available online.)

--Michael Snow

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread geni
2009/1/22 Anthony wikim...@inbox.org:
 On Wed, Jan 21, 2009 at 6:20 PM, Erik Moeller e...@wikimedia.org wrote:

 The attribution issue is so divisive, however, that I increasingly
 wonder whether it wouldn't be sensible to add at least a set of
 preferences to the licensing vote to better understand what people's
 preferred implementation would look like, within the scope of what we
 consider to be legally defensible parameters.


 If more than 10% or so of voters want direct attribution, it'll probably be
 enough of a critical mass to support a fork, licensed under the GFDL 1.2
 only.

Nope. The GFDL 1.2 license is so bad that any fork would still be
looking to use CC just in a slightly more legal way.

-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread geni
2009/1/22 Thomas Dalton thomas.dal...@gmail.com:
 2009/1/22 geni geni...@gmail.com:
 2009/1/22 Erik Moeller e...@wikimedia.org:
 That's evidently not true. Many people in this debate have said that
 giving all names encumbers re-use of the work when such lists get very
 long, so they are not 'fine' with listing all names, because they
 recognize that there is an additional good (ease of re-use) that needs
 to be served.

 Not really. Remember that reasonable to the medium or means
 statement? Any means that resulted in serious encumberment would be
 unlikely to be considered reasonable. Compared the issues caused by
 copyright notices it's a pretty minor problem.

 I really don't see how adding 2 pages of names to a 35 page article is
 a serious encumberment.

Now read that article outloud and record it. Reasonable to the medium
or means in this case however lets people follow the common practice
of putting the credit on the record sleeve /CD jewel case.

-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Michael Snow
Milos Rancic wrote:
 On Thu, Jan 22, 2009 at 8:16 PM, Michael Snow wikipe...@verizon.net wrote:
   
 Milos Rancic wrote:
 
 * If it is about printed work, it should point at least to the
 appropriate printed work. It is really not any kind of reasonable
 solution to allow pointing from less advanced medium to more advanced
 medium.
   
 Independent of the relicensing debate, I don't understand this comment
 at all. Printed works very commonly include URLs to point people to
 material that is online. Some amount of adjustment has been involved as
 people sorted out the issues involved, but at this point it's quite
 routine. So I don't see why we should imagine for ourselves a rule
 against pointing to the web from print. (Or vice versa, for those people
 who think Wikipedia citations have to be to something available online.)
 
 This is not about giving more informations, but about giving the basic
 informations about the work related to the legal issues. My amateur
 knowledge of law says to me that I am always able to ask for printed
 legal document, even electronic one is available and preferable. While
 you should better know how the right to get authors list in
 appropriate form is connected with my right to demand printed legal
 document, I see them very connected and I think that we should act as
 they are connected. (Note, again, that this is not about referring to
 a document as a literature, but to referring to the authors of the
 document, which is far from equal.)
   
I'm afraid I simply don't understand what you're trying to say, then. It 
sounded like you were talking about having one document (web, print, 
whatever medium) point to another, something that might be done for 
attribution or a variety of other purposes. And if it's a question of 
pointing, I'm puzzled what difference it makes which medium is used or 
which direction one points across different media.

I'm also not sure what you mean by a right to demand a printed legal 
document. It sounds sort of like you're referring to this as a right you 
hold as an author (whether as part of basic copyright or a moral right). 
That's not something I'm familiar with at all. So it's likely that I've 
not understood what you mean correctly there, either.

--Michael Snow

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Thomas Dalton
 Now read that article outloud and record it. Reasonable to the medium
 or means in this case however lets people follow the common practice
 of putting the credit on the record sleeve /CD jewel case.

Reasonable doesn't have to mean common practice. How about reading
out the names at the end? It's going to be a worse ratio than pages of
print (you can't read something in a small font size, after all), but
it's still doable (especially with text-to-speech converters, so you
don't have to waste time reading all the names). Reading credits at
the end is pretty common practice for radio broadcasts, anyway, why
not do the same for CDs?.

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 2:19 PM, geni geni...@gmail.com wrote:

 2009/1/22 Anthony wikim...@inbox.org:
  On Wed, Jan 21, 2009 at 6:20 PM, Erik Moeller e...@wikimedia.org
 wrote:
 
  The attribution issue is so divisive, however, that I increasingly
  wonder whether it wouldn't be sensible to add at least a set of
  preferences to the licensing vote to better understand what people's
  preferred implementation would look like, within the scope of what we
  consider to be legally defensible parameters.
 
 
  If more than 10% or so of voters want direct attribution, it'll probably
 be
  enough of a critical mass to support a fork, licensed under the GFDL 1.2
  only.

 Nope. The GFDL 1.2 license is so bad that any fork would still be
 looking to use CC just in a slightly more legal way.


What about the GFDL 1.2 is so bad that it is unusable?  Clean up the history
tracking, add five names next to each article title, add a copyright
statement at the bottom of each article, turn on the real name preference,
and it seems like you could bring Wikipedia into compliance.  You might have
to forego dreams of a print edition, but frankly that doesn't seem very
effective anyway.  You could probably build a hand powered e-reader for less
than the cost of printing all of Wikipedia - if not today than in the not
too distant future.
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Nikola Smolenski
On Thursday 22 January 2009 19:52:28 Thomas Dalton wrote:
  Requirement would be to give credit via the credit URL, and by mentioning
  the principal authors listed at that URL. What authors will be listed at
  that URL is something that we may change at our leisure: for example,
  this may be the proposed list of five authors, or none if more than five;
  or it may be a list of authors that is no longer than 1% of the length of
  the article, or none of longer; or, when appropriate software is
  developed, the list of principal authors as recognised by the software;
  it may even differ from project to project, for example Wikisource may
  choose to credit the authors manually (it is already doing something
  similar); and so on and so forth.

 Any system other than crediting everyone or crediting no one requires
 choosing people. How do you propose that to be done? And why doesn't
 the person that contributed the 6th most text (say) not deserve to be
 credited for their work?

I don't agree with that; I do believe that every author with significant 
(copyrightable) contribution should be credited.

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread geni
2009/1/22 Anthony wikim...@inbox.org:
 What about the GFDL 1.2 is so bad that it is unusable?  Clean up the history
 tracking, add five names next to each article title, add a copyright
 statement at the bottom of each article, turn on the real name preference,
 and it seems like you could bring Wikipedia into compliance.  You might have
 to forego dreams of a print edition, but frankly that doesn't seem very
 effective anyway.  You could probably build a hand powered e-reader for less
 than the cost of printing all of Wikipedia - if not today than in the not
 too distant future.

Wikipedia is in compliance with the GFDL. It's resuers who have
serious issues. But then I've been through this with you many times
and I don't see any reason to think you are any more likely to get it
this time around.


-- 
geni

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Thomas Dalton
2009/1/22 Nikola Smolenski smole...@eunet.yu:
 On Thursday 22 January 2009 19:52:28 Thomas Dalton wrote:
  Requirement would be to give credit via the credit URL, and by mentioning
  the principal authors listed at that URL. What authors will be listed at
  that URL is something that we may change at our leisure: for example,
  this may be the proposed list of five authors, or none if more than five;
  or it may be a list of authors that is no longer than 1% of the length of
  the article, or none of longer; or, when appropriate software is
  developed, the list of principal authors as recognised by the software;
  it may even differ from project to project, for example Wikisource may
  choose to credit the authors manually (it is already doing something
  similar); and so on and so forth.

 Any system other than crediting everyone or crediting no one requires
 choosing people. How do you propose that to be done? And why doesn't
 the person that contributed the 6th most text (say) not deserve to be
 credited for their work?

 I don't agree with that; I do believe that every author with significant
 (copyrightable) contribution should be credited.

So what was all that about only crediting 5 authors, or a list of
authors less than 1% of the article length, or whatever else?

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 2:54 PM, geni geni...@gmail.com wrote:

 2009/1/22 Anthony wikim...@inbox.org:
  What about the GFDL 1.2 is so bad that it is unusable?  Clean up the
 history
  tracking, add five names next to each article title, add a copyright
  statement at the bottom of each article, turn on the real name
 preference,
  and it seems like you could bring Wikipedia into compliance.  You might
 have
  to forego dreams of a print edition, but frankly that doesn't seem very
  effective anyway.  You could probably build a hand powered e-reader for
 less
  than the cost of printing all of Wikipedia - if not today than in the not
  too distant future.

 Wikipedia is in compliance with the GFDL.


So why can't a fork be in compliance with the GFDL?  You said that The GFDL
1.2 license is so bad that any fork would still be looking to use CC just in
a slightly more legal way.  What do you mean by this?
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Nikola Smolenski
On Thursday 22 January 2009 20:55:21 Thomas Dalton wrote:
 2009/1/22 Nikola Smolenski smole...@eunet.yu:
  On Thursday 22 January 2009 19:52:28 Thomas Dalton wrote:
   Requirement would be to give credit via the credit URL, and by
   mentioning the principal authors listed at that URL. What authors will
   be listed at that URL is something that we may change at our leisure:
   for example, this may be the proposed list of five authors, or none if
   more than five; or it may be a list of authors that is no longer than
   1% of the length of the article, or none of longer; or, when
   appropriate software is developed, the list of principal authors as
   recognised by the software; it may even differ from project to
   project, for example Wikisource may choose to credit the authors
   manually (it is already doing something similar); and so on and so
   forth.
 
  Any system other than crediting everyone or crediting no one requires
  choosing people. How do you propose that to be done? And why doesn't
  the person that contributed the 6th most text (say) not deserve to be
  credited for their work?
 
  I don't agree with that; I do believe that every author with significant
  (copyrightable) contribution should be credited.

 So what was all that about only crediting 5 authors, or a list of
 authors less than 1% of the article length, or whatever else?

These are examples of possibilities for people who disagree with me.

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread geni
2009/1/22 Anthony wikim...@inbox.org:
 So why can't a fork be in compliance with the GFDL?  You said that The GFDL
 1.2 license is so bad that any fork would still be looking to use CC just in
 a slightly more legal way.  What do you mean by this?

What I mean is that if we consider the proposal to be legal under the
CC license (I don't) then any fork would be better of using
CC-BY-SA-3.0 without utilising the Attribution Parties bit of
4(C)(i). This means that it would get the benefits of the CC-BY-SA-3.0
license without the downside that certain people appear to be trying
to add.



-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Thomas Dalton
 Because radio broadcasts have far shorter credit lists. Yeah to an
 extent you can do it with CDs but for 45s that is right out. However
 the license itself specifies Reasonable to the medium or means so
 this does not present a problem.

Surely you couldn't fit a read out version of [[France]] onto a 45?
What matters is how much space (in what medium) the credits take in
comparison to the content. Reading the credits to [[France]] may take
quite a while compared to reading the article (maybe half as long?
Possibly less, especially if you read the names pretty quickly), but
media big enough to hold the whole article read out will probably be
big enough to still have plenty of room to spare (reading the article
might take, what, 30 mins? Can you think of a medium that can hold 30
mins of audio but not 45?). (These numbers are all guesses, I've never
done any recording like this, so I don't know how long it's likely to
end up being, but these figures should give a reasonable impression, I
think.)

 So to clarify that attribution via reference to page histories is
 acceptable if there are more than five authors is an attempt to fix a
 non problem using means of highly questionable legality under the
 terms of the license and non US law as well is deny wikipedia authors
 effective credit.

 It also prevents us from bringing in CC-BY-SA from third party sources
 which makes it further unacceptable.

Yeah, that's about it.

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread David Gerard
2009/1/22 Anthony wikim...@inbox.org:
 On Wed, Jan 21, 2009 at 6:20 PM, Erik Moeller e...@wikimedia.org wrote:

 The attribution issue is so divisive, however, that I increasingly
 wonder whether it wouldn't be sensible to add at least a set of
 preferences to the licensing vote to better understand what people's
 preferred implementation would look like, within the scope of what we
 consider to be legally defensible parameters.

 If more than 10% or so of voters want direct attribution, it'll probably be
 enough of a critical mass to support a fork, licensed under the GFDL 1.2
 only.
 I don't know if it's going to be that high or not, though.


I look forward to you leading it.


- d.

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 3:08 PM, geni geni...@gmail.com wrote:

 2009/1/22 Anthony wikim...@inbox.org:
  So why can't a fork be in compliance with the GFDL?  You said that The
 GFDL
  1.2 license is so bad that any fork would still be looking to use CC just
 in
  a slightly more legal way.  What do you mean by this?

 What I mean is that if we consider the proposal to be legal under the
 CC license (I don't) then any fork would be better of using
 CC-BY-SA-3.0 without utilising the Attribution Parties bit of
 4(C)(i). This means that it would get the benefits of the CC-BY-SA-3.0
 license without the downside that certain people appear to be trying
 to add.


I also don't consider the proposal to be legal under the CC license, but I
do think people will probably get away with it anyway.  Additionally, I
think whole concept of relicensing people's contributions under a different
license is immoral and legally questionable.

Thus, forking under GFDL 1.2 only has two distinct advantages: 1) it allows
people who consider the benefits of the CC-BY-SA-3.0 license to actually
be detriments, to continue to contribute; and 2) it disallows Wikipedia from
incorporating these changes, thus reducing the likelihood that third parties
will come along and use these changes without attribution.

I guess if you think the legal case is cut and dry those 10% could get
together and initiate a class-action lawsuit, or something, but forking is
probably easier and more effective.
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Erik Moeller
2009/1/22 Nikola Smolenski smole...@eunet.yu:
 Requirement would be to give credit via the credit URL, and by mentioning the
 principal authors listed at that URL. What authors will be listed at that URL
 is something that we may change at our leisure: for example, this may be the
 proposed list of five authors, or none if more than five; or it may be a list
 of authors that is no longer than 1% of the length of the article, or none of
 longer; or, when appropriate software is developed, the list of principal
 authors as recognised by the software; it may even differ from project to
 project, for example Wikisource may choose to credit the authors manually (it
 is already doing something similar); and so on and so forth.

This is a constructive and useful proposal, thank you.

I agree with Milos when he states in another thread that we need to
think further about a solution that is satisfactory to a greater
number of people, at least when it comes to standardizing attribution
requirements with effective application to all past edits ever made.
(At minimum, I would like some more data to inform our decisions.) I
also believe that the Wikimedia Foundation can responsibly and
reasonably determine what attribution model it wants to apply going
forward.

For example, if WMF decides that a guaranteed by-name attribution is
not reasonable, scalable, and detrimental to the goals of WMF, it can
responsibly tell people that. People who have made past edits could be
given the option to have _those_ edits always attributed by name. The
community could gradually factor out those edits if it considers them
to be cumbersome.

This would cause some people to leave, but WMF could decide that
causing some people to leave or fork is worth it in order to encourage
greater re-use of content. It's similar to telling people that
multimedia files for noncommercial use only are not welcome.
Essentially, it would be a further refinement of the standards of
freedom for the projects.
-- 
Erik Möller
Deputy Director, Wikimedia Foundation

Support Free Knowledge: http://wikimediafoundation.org/wiki/Donate

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 3:20 PM, Anthony wikim...@inbox.org wrote:
 Thus, forking under GFDL 1.2 only has two distinct advantages: 1) it allows
 people who consider the benefits of the CC-BY-SA-3.0 license to actually
 be detriments, to continue to contribute; and 2) it disallows Wikipedia from
 incorporating these changes, thus reducing the likelihood that third parties
 will come along and use these changes without attribution.

1) I would suggest that the number of people who care strongly about
the particular license used and consider such a switch to be a
detriment is small indeed. This isn't to say that this group should
be ignored, only that they aren't going to represent a community with
enough viability to sustain a project the size of Wikipedia.

 I guess if you think the legal case is cut and dry those 10% could get
 together and initiate a class-action lawsuit, or something, but forking is
 probably easier and more effective.

Forking may certainly be easier, but it's hard for me to imagine that
a fork of Wikipedia with 10% of it's population (and I posit that to
be a high estimate) will be viable. A slogan of knowledge is free,
but reusing it is more difficult because of our stringent attitudes
towards attribution isn't going to inspire too many donors when
fundraising time rolls around. Plus, Wikipedia's database (I assume
you only want to fork Wikipedia, and maybe only the English one) is
non-negligible and will cost money to have hosted.

Fewer people will use the fork and it will grow more slowly, if it
grows at all, because of licensing problems with content use and
reuse. The fork will progressively become harder to use and will
become more out of touch with the rest of the world of open content
knowledge. You'll be able to say that at least if nobody is reusing
your content that there is no chance they will be violating the
attribution requirement as you've defined it.

Given the option between two wikipedias, one that is large and easy to
use/reuse/incorporate and one that is small and with a difficult
licensing scheme, I think you can guess where the new contributors and
new donation dollars will be heading. I don't want to threaten or mock
here, but I also don't want to see anybody's valuable contributions be
wasted.

--Andrew Whitworth

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread geni
2009/1/22 Erik Moeller e...@wikimedia.org:
 This is a constructive and useful proposal, thank you.

 I agree with Milos when he states in another thread that we need to
 think further about a solution that is satisfactory to a greater
 number of people, at least when it comes to standardizing attribution
 requirements with effective application to all past edits ever made.
 (At minimum, I would like some more data to inform our decisions.) I
 also believe that the Wikimedia Foundation can responsibly and
 reasonably determine what attribution model it wants to apply going
 forward.


So what exactly is the problem with requiring credit reasonable to
the medium or means?

 For example, if WMF decides that a guaranteed by-name attribution is
 not reasonable, scalable, and detrimental to the goals of WMF, it can
 responsibly tell people that.

It can however it would generally be expected that it provides a
reason. A reason that is logically consistent with observed reality
would probably be preferable.


-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Nathan
I understand Milos' concern, actually, and this is the most reasonable
objection to a URL link for attribution purposes that has been raised so
far. It is true that the Internet is by its nature impermanent, evolving
both in content and in structure. It's by no means guaranteed that if we
include 
http://en.wikipedia.org/w/index.php?title=Dentistrycurid=8005action=history;
in a printed book in 2009 it will still be accessible in 2019.

On the other hand, if we printed out the names in the book... then as long
as you have the book you have the names, because they travel together. We
may change the syntax of the history link, the most common method for
locating content on the web may change (either structurally, or because of
device evolution), or the sites might for some reason come down. We should
also consider that ideally we want our content to be usefully credited in
areas of the world where Internet access is very limited, or where Wikipedia
is specifically blocked. Thinking ahead, these are the parts of the world
most likely to be using a paper Wikipedia anyway.

I do understand that there are mediums where this is impossible, and I think
perhaps the solution requires an outline that describes different (but
reasonable) standards based on medium category, broadly interpreted.

Nathan
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Thomas Dalton
2009/1/22 geni geni...@gmail.com:
 So what exactly is the problem with requiring credit reasonable to
 the medium or means?

The fact that we don't seem to be able to agree on what is reasonable.
(It would be nice if we could agree it between us rather than having
to go to court over it...)

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 3:38 PM, Mike Godwin mgod...@wikimedia.org wrote:

  That said, the GFDL requires authors to be listed in the section
  entitled
  History, and it clearly states that a section Entitled XYZ means
  a named
  subunit of the Document...

 So is current Wikipedia practice consistent with the GFDL or not?


I believe that Wikipedia practice is not consistent with the GFDL.  That's
why I notified you that the WMF's right to use my content under the GFDL has
been permanently revoked.


 Obviously, the History page reachable from a Wikipedia article could
 be interpreted as not being a section or a named subunit.


On the other hand, the history page *could* be interpreted as being part of
the Document.

Historically, the community has generally interpreted this attribution
 requirement of the GFDL as allowing for a link to a History page.  In
 this respect, there is no essential difference between GFDL and CC-BY-
 SA 3.x.


For online copies, as I've said before, I don't see much problem with this.
As I've said before, it's hard to draw the line as to what is part of the
work and what is not part of the work, when it comes to online sources.  But
I don't think the same argument can be made for offline copies.

If there is no essential difference, then your concern about getting
 credit is a wash, regardless of whether the license on Wikipedia is
 updated.


My main concern is that CC-BY-SA will be deliberately misinterpreted to not
require direct attribution - and the published draft of the RfC confirms
that this concern is valid.

This doesn't mean your concern is any less valid or invalid -- it just
 means that there's nothing inherent in the question of updating the
 license that should trigger it.


The GFDL is much more clear on this issue.  And some comments Erik has
pointed us to from the CC lawyers make it clear that CC intends for CC-BY-SA
to allow attribution by URL, so even if CC-BY-SA 3.0 isn't interpreted by
the courts to allow this, CC-BY-SA 4.0 very well might.
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread geni
2009/1/22 Thomas Dalton thomas.dal...@gmail.com:
 2009/1/22 geni geni...@gmail.com:
 So what exactly is the problem with requiring credit reasonable to
 the medium or means?

 The fact that we don't seem to be able to agree on what is reasonable.
 (It would be nice if we could agree it between us rather than having
 to go to court over it...)

Actually we have no idea if we are able to agree. Since we've only
every looked at specific proposals rather than the general case for
any given medium.



-- 
geni

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 3:51 PM, Andrew Whitworth wknight8...@gmail.comwrote:

 On Thu, Jan 22, 2009 at 3:20 PM, Anthony wikim...@inbox.org wrote:
  Thus, forking under GFDL 1.2 only has two distinct advantages: 1) it
 allows
  people who consider the benefits of the CC-BY-SA-3.0 license to
 actually
  be detriments, to continue to contribute; and 2) it disallows Wikipedia
 from
  incorporating these changes, thus reducing the likelihood that third
 parties
  will come along and use these changes without attribution.

 1) I would suggest that the number of people who care strongly about
 the particular license used and consider such a switch to be a
 detriment is small indeed. This isn't to say that this group should
 be ignored, only that they aren't going to represent a community with
 enough viability to sustain a project the size of Wikipedia.


Come to think of it, forking under GFDL 1.3 would probably be the most
appropriate.  Then, since Wikipedia intends to dual-license new content, new
Wikipedia content could be incorporated into the fork, but new forked
content couldn't be incorporated into Wikipedia.


  I guess if you think the legal case is cut and dry those 10% could get
  together and initiate a class-action lawsuit, or something, but forking
 is
  probably easier and more effective.

 Forking may certainly be easier, but it's hard for me to imagine that
 a fork of Wikipedia with 10% of it's population (and I posit that to
 be a high estimate) will be viable. A slogan of knowledge is free,
 but reusing it is more difficult because of our stringent attitudes
 towards attribution isn't going to inspire too many donors when
 fundraising time rolls around.


A free encyclopedia without the plagiarism would be a better slogan,
though I'm sure a little thought could produce an even better one.


 Plus, Wikipedia's database (I assume
 you only want to fork Wikipedia, and maybe only the English one) is
 non-negligible and will cost money to have hosted.


Depends on the traffic.  Pure hard drive space is relatively cheap.  More
traffic would lead to more expense, but it'd also likely lead to more
donations.

Fewer people will use the fork and it will grow more slowly, if it
 grows at all, because of licensing problems with content use and
 reuse.


What licensing problems?
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 3:58 PM, Thomas Dalton thomas.dal...@gmail.com wrote:
 2009/1/22 geni geni...@gmail.com:
 So what exactly is the problem with requiring credit reasonable to
 the medium or means?

 The fact that we don't seem to be able to agree on what is reasonable.
 (It would be nice if we could agree it between us rather than having
 to go to court over it...)

Therein lies the problem with using terms like reasonable in a legal
document. It's a subjective term, and there are plenty of definitions
that are going to work for some people and not others. Arguing over
what is and what is not reasonable is a wasted exercise: The best we
can do it put the issue to a vote and go with the opinion expressed by
the voting majority.

--Andrew Whitworth

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Mike Godwin

Anthony writes:

 On the other hand, the history page *could* be interpreted as being  
 part of
 the Document.

Even if it's on a different server?

 For online copies, as I've said before, I don't see much problem  
 with this.
 As I've said before, it's hard to draw the line as to what is part  
 of the
 work and what is not part of the work, when it comes to online  
 sources.  But
 I don't think the same argument can be made for offline copies.

So, online but on a different server is okay, but online when there's  
an offline copy isn't? What is the legal distinction you're drawing  
here? (I ask for the legal distinction because you are articulating  
your concern in terms of what you purport to be violations of your  
legal rights.)

 My main concern is that CC-BY-SA will be deliberately misinterpreted  
 to not
 require direct attribution - and the published draft of the RfC  
 confirms
 that this concern is valid.

So you think an online attribution on a separate page (or server) when  
the article is online is direct? But an online attribution on a  
separate page (or server) when the article is offline is *not*  
direct?  What is the legal (or rights) basis for this distinction?


--Mike




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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Erik Moeller
2009/1/22 Thomas Dalton thomas.dal...@gmail.com:
 2009/1/22 geni geni...@gmail.com:
 So what exactly is the problem with requiring credit reasonable to
 the medium or means?

 The fact that we don't seem to be able to agree on what is reasonable.

I agree that at least the varied interpretations of 'reasonable'
expressed in this thread indicate a need for a more explicit approach.
Whether such different perceptions are as wide-spread in the broader
author community as they are here is not clear.

I will begin thinking about how a consultative survey could be
constructed to help inform the process in a timely fashion.
-- 
Erik Möller
Deputy Director, Wikimedia Foundation

Support Free Knowledge: http://wikimediafoundation.org/wiki/Donate

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Milos Rancic
On Thu, Jan 22, 2009 at 8:43 PM, Michael Snow wikipe...@verizon.net wrote:
 I'm afraid I simply don't understand what you're trying to say, then. It
 sounded like you were talking about having one document (web, print,
 whatever medium) point to another, something that might be done for
 attribution or a variety of other purposes. And if it's a question of
 pointing, I'm puzzled what difference it makes which medium is used or
 which direction one points across different media.

 I'm also not sure what you mean by a right to demand a printed legal
 document. It sounds sort of like you're referring to this as a right you
 hold as an author (whether as part of basic copyright or a moral right).
 That's not something I'm familiar with at all. So it's likely that I've
 not understood what you mean correctly there, either.

No, I am referring to my right as a user of the content. (Implicitly,
it is about my right as an author of the content, but, explicitly, it
is not.)

I'll try to be more formal in explaining:

1) There is a set of extended informations which I may get:

* For example, I may ask for some kind of *howto* (note, not an
official recommendations!) document about achieving my legal rights
related to, let's say, building a house.
* I also expect in a contemporary book about, let's say, astronomy, to
refer to some documentation related to, let's say, some places on the
Internet related to the grid computing.

In both cases, strictly speaking, those are extra informations. In
both cases it may be completely reasonable to have it in other form
than a paper one.

2) But, there is a set of basic informations for which I have the
right to get them in the appropriate form:

* For example, legal documents about building a house.
* List of authors of a written document which I am reading (if that
document is not in public domain).

In both cases, I expect that I get them in the most basic form. In
both cases it is a paper form, not an electronic form.

The right of a reader of a book has to be Send me the list of the
authors [in the paper form]. (and, again, I think that you should
know that better than me). If it is an explicit legal right (and I
don't see a reason why it shouldn't be), then every publisher has the
obligation to send the list of authors to every reader on demand. If
it is not an explicit right, we should make a way how to fulfill this
issue.

A couple of months ago, I mentioned that it would be really useful to
have periodicals (let's say, yearly), which would publish the list of
the authors of the content of Wikimedia projects. This is not just
about fulfilling the rights of readers or authors, but this is, also,
a very relevant bibliographic work (maybe the most relevant) of the
contemporary culture. In cooperation with relevant international
institution those bibliographical informations may be available in all
national and a lot of relevant libraries.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 4:21 PM, Mike Godwin mgod...@wikimedia.org wrote:


 Anthony writes:

  On the other hand, the history page *could* be interpreted as being
  part of
  the Document.

 Even if it's on a different server?


I don't see why not.  If you're talking about a different server and a
different domain name, run by a different company, I think you could argue
the difference is de minimis, so long as the other server is pretty much
100% accessible.


  For online copies, as I've said before, I don't see much problem
  with this.
  As I've said before, it's hard to draw the line as to what is part
  of the
  work and what is not part of the work, when it comes to online
  sources.  But
  I don't think the same argument can be made for offline copies.

 So, online but on a different server is okay, but online when there's
 an offline copy isn't?


Online when there's an offline copy clearly isn't okay.  Online on a
different server, run by a different company.  I'm not going to say it's
okay, but I really don't see much difference.


 What is the legal distinction you're drawing
 here? (I ask for the legal distinction because you are articulating
 your concern in terms of what you purport to be violations of your
 legal rights.)


Actually, I'm purporting them to be violations of my moral rights.  But the
distinction is pretty obvious - in one case the page is a click away, in the
other case it at least requires finding internet access and typing in a url,
and quite possibly requires jumping through even more hoops than that.
Additionally, printed copies will almost surely last longer than the url
remains accessible.  With online copies, the url can be updated if it moves,
or the page can be copied to the local server if the remote one goes down.

 My main concern is that CC-BY-SA will be deliberately misinterpreted
  to not
  require direct attribution - and the published draft of the RfC
  confirms
  that this concern is valid.

 So you think an online attribution on a separate page (or server) when
 the article is online is direct?


I think it's close enough to direct that I'm not interested in complaining
about it.  Personally, I'd just include the attribution on the same server,
especially if someone complained.

But an online attribution on a
 separate page (or server) when the article is offline is *not*
 direct?  What is the legal (or rights) basis for this distinction?


Common sense?
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Thomas Dalton
2009/1/22 Andrew Whitworth wknight8...@gmail.com:
 On Thu, Jan 22, 2009 at 3:58 PM, Thomas Dalton thomas.dal...@gmail.com 
 wrote:
 2009/1/22 geni geni...@gmail.com:
 So what exactly is the problem with requiring credit reasonable to
 the medium or means?

 The fact that we don't seem to be able to agree on what is reasonable.
 (It would be nice if we could agree it between us rather than having
 to go to court over it...)

 Therein lies the problem with using terms like reasonable in a legal
 document. It's a subjective term, and there are plenty of definitions
 that are going to work for some people and not others. Arguing over
 what is and what is not reasonable is a wasted exercise: The best we
 can do it put the issue to a vote and go with the opinion expressed by
 the voting majority.

That's the epitome of tyranny of the majority.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Erik Moeller
2009/1/21 geni geni...@gmail.com:
 So you are claiming that it is section 4(c)(iii) that makes your
 approach valid. First problem comes with the opening to section 4(c)

 You must ... keep intact all copyright notices for the Work and
 provide, reasonable to the medium or means You are utilizing:

 That is an and command not an or. You have to meet everything from
 4(c)(i) to 4(c)(iv)

Yes, and it's quite obvious that if no author name but a URL is
supplied, then under 4(c)(i) and 4(c)(iii), a re-user would have to
attribute only that URL. After all, the license clearly limits name
attribution under 4(c)(i) with the clause if supplied. The
'reasonable' restriction in 4(c)(iii) is not particularly relevant to
our intended use. Furthermore, the license has to be understood in the
broader context of the terms of use under which people contribute; it
allows for such terms exactly to define and clarify its attribution
language.

That's why the 'human readable' version of the license explicitly says
that attribution must happen in the manner specified by the author or
licensor, and even the CC website allows you to license a work with
the only credit being a URL. This URL option is explained in the
licensing help as 'The URL users of the work should link to. For
example, the work's page on the author's site'. This is completely
consistent with linking to an article or history page on Wikipedia.

Your repeated assertion that attribution-by-URL is somehow
inconsistent with CC-BY-SA is therefore obviously untrue.
-- 
Erik Möller
Deputy Director, Wikimedia Foundation

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread geni
2009/1/22 Erik Moeller e...@wikimedia.org:
 2009/1/22 Thomas Dalton thomas.dal...@gmail.com:
 2009/1/22 geni geni...@gmail.com:
 So what exactly is the problem with requiring credit reasonable to
 the medium or means?

 The fact that we don't seem to be able to agree on what is reasonable.

 I agree that at least the varied interpretations of 'reasonable'
 expressed in this thread indicate a need for a more explicit approach.

There is nothing you can do that will remove that from the crediting
clause. Whatever you try to require there will always be a reasonable
to the medium or means filter between you and the reuser. Trying to
engineer around it would be unwise.

 Whether such different perceptions are as wide-spread in the broader
 author community as they are here is not clear.

And unimportant. The license doesn't take into consideration what the
authors consider reasonable to the medium or means.

 I will begin thinking about how a consultative survey could be
 constructed to help inform the process in a timely fashion.

I would suggest that first you try and produce a halfway valid
justification for the 5 name+url proposal before we waste time putting
it out to a survey.

-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Michael Snow
Milos Rancic wrote:
 On Thu, Jan 22, 2009 at 8:43 PM, Michael Snow wikipe...@verizon.net wrote:
   
 I'm afraid I simply don't understand what you're trying to say, then. It
 sounded like you were talking about having one document (web, print,
 whatever medium) point to another, something that might be done for
 attribution or a variety of other purposes. And if it's a question of
 pointing, I'm puzzled what difference it makes which medium is used or
 which direction one points across different media.

 I'm also not sure what you mean by a right to demand a printed legal
 document. It sounds sort of like you're referring to this as a right you
 hold as an author (whether as part of basic copyright or a moral right).
 That's not something I'm familiar with at all. So it's likely that I've
 not understood what you mean correctly there, either.
 
 No, I am referring to my right as a user of the content. (Implicitly,
 it is about my right as an author of the content, but, explicitly, it
 is not.)
   
In that case, I really don't know where you get the notion of a right to 
a printed legal document. If the user has been given a license, then the 
user has whatever rights are in that license. But neither the GFDL nor 
any of the Creative Commons licenses indicate that you have a right to 
be provided with a printed form. And in the context of copyright law 
more generally, there's nothing at all like this.
 The right of a reader of a book has to be Send me the list of the
 authors [in the paper form]. (and, again, I think that you should
 know that better than me). If it is an explicit legal right (and I
 don't see a reason why it shouldn't be), then every publisher has the
 obligation to send the list of authors to every reader on demand.
It's an interesting concept, but simply doesn't exist anywhere that I 
know of. Perhaps you should suggest to those who want to have the 
identity of people editing from IP addresses exposed, that they push 
this idea as legislation. As it currently stands, I can publish 
something with no identifiable authors, no copyright notice, and no 
legal information whatsoever. Requirements like that (the US used to 
require a copyright notice) have been stripped away as an unreasonable 
burden on authors.

--Michael Snow

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Mike Godwin

Anthony writes:

 Come to think of it, forking under GFDL 1.3 would probably be the most
 appropriate.  Then, since Wikipedia intends to dual-license new  
 content, new
 Wikipedia content could be incorporated into the fork, but new forked
 content couldn't be incorporated into Wikipedia.

You haven't reviewed the FAQ.  As Richard Stallman explains, CC-BY-SA- 
only changes, including imports from external sources, will bind  
Wikipedia and re-users of Wikipedia content.

That said, I look forward to your fork. Why wait? Why don't you start  
now? You clearly are dissatisfied with Wikipedia's implementation of  
GFDL as well as Wikipedia's proposed use of CC-BY-SA.  It should be  
easy, since you throw around the word fork so easily. You could  
probably squash us even more effectively than Citizendium and Knol have.

(BTW, one benefit of the licensing proposal is that it will be easier  
for Wikipedia and Citizendium to cross-fertilize each other.)

 A free encyclopedia without the plagiarism would be a better slogan,
 though I'm sure a little thought could produce an even better one.

You are a marketing genius.

 Depends on the traffic.  Pure hard drive space is relatively cheap.   
 More
 traffic would lead to more expense, but it'd also likely lead to more
 donations.

You obviously have this all figured out. I can't wait to see your fork.


--Mike




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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Mike Godwin

Thomas Dalton writes:

 So, online but on a different server is okay, but online when there's
 an offline copy isn't? What is the legal distinction you're drawing
 here? (I ask for the legal distinction because you are articulating
 your concern in terms of what you purport to be violations of your
 legal rights.)

 It all boils down to how you define reasonable, and that's usually
 left to laymen, not lawyers.

If Anthony used the word reasonable in relation to this distinction,  
I missed it.  In any case, it's not forbidden for lawyers to have  
intuitions about what is reasonable. In general, lawyers have the same  
prerogatives as laymen in this regard.


--Mike




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Re: [Foundation-l] Commons and The Year of the Picture

2009-01-22 Thread Erik Moeller
2009/1/22 Florence Devouard anthe...@yahoo.com:
 5. I see comments as well claiming that the operations of the French
 chapter do not benefit the projects.
 Please find here:
 http://commons.wikimedia.org/wiki/Category:Supported_by_Wikimedia_France
 the list of all pictures that could be added to Wikimedia Commons and
 our common pool of knowledge only THANKS to Wikimedia France (through
 funding of the amateur photographs travel to various famous event, or
 through the accreditations provided by Wikimedia France to access press
 areas in order to take good quality pictures).

I love this idea - brilliant (both the funding of photographers, and
the tracking through a dedicated category).
-- 
Erik Möller
Deputy Director, Wikimedia Foundation

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Mike Godwin

Anthony writes:

 So, online but on a different server is okay, but online when there's
 an offline copy isn't?


 Online when there's an offline copy clearly isn't okay.

Clearly because you have a legal right that distinguishes between  
online copies and offline copies?  Please explain. (Once again, I'm  
asking about legal rights because you claim to be basing your  
objections on your rights.)

 What is the legal distinction you're drawing
 here? (I ask for the legal distinction because you are articulating
 your concern in terms of what you purport to be violations of your
 legal rights.)


 Actually, I'm purporting them to be violations of my moral rights.

How are you distinguishing between moral rights and legal rights?   
A moral right is a kind of legal right, in those jurisdictions that  
recognize moral rights.


 But the
 distinction is pretty obvious - in one case the page is a click  
 away, in the
 other case it at least requires finding internet access and typing  
 in a url,
 and quite possibly requires jumping through even more hoops than that.

So if you were unhappy that your attribution was at the back of a  
book, because a reader has to turn to the end and read through a lot  
of small print in order to find your name, that would give you a basis  
for objecting to that form of attribution?

 Additionally, printed copies will almost surely last longer than the  
 url
 remains accessible.  With online copies, the url can be updated if  
 it moves,
 or the page can be copied to the local server if the remote one goes  
 down.

Thank you for articulating an advantage to using URLs. The advantage  
of course applies both to online and offline copies.

 But an online attribution on a separate page (or server) when the  
 article is offline is *not*
 direct?  What is the legal (or rights) basis for this  
 distinction?

 Common sense?

So you're saying your legal rights are defined by common sense? Are  
you sure that's the direction in which you want to take your argument?


--Mike




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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Platonides
Sam Johnston wrote:
 On Thu, Jan 22, 2009 at 2:07 AM, Thomas Dalton thomas.dal...@gmail.comwrote:
 
 Das Wikipedia Lexikon in einem Band[1] is another stunning example of
 attribution gone mad
 A few pages of names in a 1000 page book doesn't seem that mad to me.
 I think it makes an excellent point about how Wikipedia works.

 
 Perhaps, but it delivers ZERO benefit to the pseudonymous individuals listed
 and exacts a non-trivial toll on the reuser. This is further amplified for
 partial reuse of a resource, reuse of multiple resources, reuse with
 tangible mediums (esp non-print e.g. t-shirts) and so on.
 
 While the toll can be reduced by automation it cannot be removed altogether
 and this does not change the fact that the result delivers ZERO value to
 anyone (authors, readers, reusers, the environment and Wikipedia as a
 whole).
 
 Sam

And ???
So can you say about any attribution license and pretty much any free
license.
*I* have (co)written that article. I have given it for free, which I
didn't need to. Now, *YOU* want to use *MY* article. Well, follow the
terms or don't use it.

If you're so concerned about not listing me, you can always ask me a
commercial license for omitting it. It removes your requirement, and
delivers greater than zero benefit to me.
It may be enough for me to see my name on that page. What is
unacceptable is to remove the attribution just because it delivers zero
benefit, when it is the *ONLY* benefit I get.

I might understand many reasons not to provide attribution. But this one
is completely inadmissible.


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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Mike Godwin

Chad writes:

 I'm not the one to decide, nor do I have particularly strong feelings
 about one method of attribution or another. Just thought I'd lay the
 blame for this mess where it belongs: a vaguely worded license
 with highly debatable terms.

Without defending the particulars of CC's phrasing, which I think has  
its problems but which I also think is better than you allow for here,  
I'll offer my opinion that a license a license without any vagueness  
or debatable terms is such a rarity that I don't think I've ever seen  
one.


--Mike




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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Michael Snow
Nathan wrote:
 I understand Milos' concern, actually, and this is the most reasonable
 objection to a URL link for attribution purposes that has been raised so
 far. It is true that the Internet is by its nature impermanent, evolving
 both in content and in structure. It's by no means guaranteed that if we
 include 
 http://en.wikipedia.org/w/index.php?title=Dentistrycurid=8005action=history;
 in a printed book in 2009 it will still be accessible in 2019.
   
I'm familiar with that issue, of course, and respect those concerns. 
That doesn't sound like what Milos was getting at, though, as his 
subsequent comments seem to indicate. Anyway, our developers are quite 
conscious about ensuring that links to our pages from external sites 
work in a reliable manner. It's also been mentioned that people like how 
our meaningful URLs make it somewhat easier to predict where to find 
things. I imagine there's probably room for improvement still, but I 
think we do fairly well in this regard. At some point, if people really 
don't trust the internet for anything at all, they probably shouldn't be 
republishing thing they found there.

Back to the question of attribution, as it relates to the medium. Milos 
made the observation about print as an older (less advanced) medium 
that shouldn't have to point to the newer (more advanced) medium. In 
reality, pointing across different media happens regularly, as has been 
mentioned. I also find it curious, for people to whom the difference in 
medium matters, that some of them would be pushing to impose more 
stringent attribution requirements on the older medium because of the 
imperfections of the newer one. Let's not punish print for the faults of 
the internet. You would almost think that some people are trying to 
ensure that their contributions can only ever be reused as online text, 
which is of course contrary to the purpose of free licensing. Nobody yet 
has found the perfect answer to cover all media forms, but that 
shouldn't stop us from trying to work out solutions.

--Michael Snow

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread geni
2009/1/22 Mike Godwin mgod...@wikimedia.org:
 Without defending the particulars of CC's phrasing, which I think has
 its problems but which I also think is better than you allow for here,
 I'll offer my opinion that a license a license without any vagueness
 or debatable terms is such a rarity that I don't think I've ever seen
 one.


 --Mike

http://en.wikipedia.org/wiki/WTFPL is not far off.

In any case vagueness has it's uses since any attempt to try and
define everything will tend to  result in the license either failing
or behaving in a very unhelpful manner under certain conditions.

-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Thomas Dalton
2009/1/22 Mike Godwin mgod...@wikimedia.org:

 Chad writes:

 I'm not the one to decide, nor do I have particularly strong feelings
 about one method of attribution or another. Just thought I'd lay the
 blame for this mess where it belongs: a vaguely worded license
 with highly debatable terms.

 Without defending the particulars of CC's phrasing, which I think has
 its problems but which I also think is better than you allow for here,
 I'll offer my opinion that a license a license without any vagueness
 or debatable terms is such a rarity that I don't think I've ever seen
 one.

It it did exist, it would be several volumes long.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Michael Snow
Thomas Dalton wrote:
 2009/1/22 Mike Godwin mgod...@wikimedia.org:
   
 Chad writes:
 
 I'm not the one to decide, nor do I have particularly strong feelings
 about one method of attribution or another. Just thought I'd lay the
 blame for this mess where it belongs: a vaguely worded license
 with highly debatable terms.
   
 Without defending the particulars of CC's phrasing, which I think has
 its problems but which I also think is better than you allow for here,
 I'll offer my opinion that a license a license without any vagueness
 or debatable terms is such a rarity that I don't think I've ever seen
 one.
 
 It it did exist, it would be several volumes long.
   
Not at all, length just introduces more room for ambiguity.

--Michael Snow

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Thomas Dalton
2009/1/22 Mike Godwin mgod...@wikimedia.org:

 Thomas Dalton writes:

 So, online but on a different server is okay, but online when there's
 an offline copy isn't? What is the legal distinction you're drawing
 here? (I ask for the legal distinction because you are articulating
 your concern in terms of what you purport to be violations of your
 legal rights.)

 It all boils down to how you define reasonable, and that's usually
 left to laymen, not lawyers.

 If Anthony used the word reasonable in relation to this distinction,
 I missed it.  In any case, it's not forbidden for lawyers to have
 intuitions about what is reasonable. In general, lawyers have the same
 prerogatives as laymen in this regard.

The license uses the word reasonable and Anthony is talking about
what is acceptable under the license. Of course, lawyers can have
views on reasonableness, but they do so in their capacity as people,
not lawyers. (There's a joke there, but I'm not going to stoop that
low.)

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Thomas Dalton
2009/1/22 Michael Snow wikipe...@verizon.net:
 Thomas Dalton wrote:
 It it did exist, it would be several volumes long.

 Not at all, length just introduces more room for ambiguity.

How do you deal with every possible situation in a way that makes
sense without adding length? Unless you want to go for something
extremely simple, in which case you'll probably find you're just
releasing your work into the public domain.

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Mike Godwin
geni writes:

 (BTW, one benefit of the licensing proposal is that it will be easier
 for Wikipedia and Citizendium to cross-fertilize each other.)

 Nope. The to clarify that attribution via reference to page histories
 is acceptable if there are more than five authors. bit will mean that
 it is imposable for wikipedia to take content from Citizendium without
 Citizendium adopting some very strange TOS specifically for the
 benefit of wikipedia which I would rather doubt it would do. Even that
 would not make it possible to copy content on Citizendium to wikipedia
 at the moment were the 5 names +URL proposal to be enacted.

I don't regard the 5 names+URL implementation proposal to be written  
in stone. We might choose to modify it (by, e.g., increasing the  
number of names, or allowing editors who insist on being listed to be  
listed) based on feedback here and elsewhere. But the aspect of the  
license update has always been to maximize the extent to which  
Wikipedia can import and export CC-BY-SA-licensed content. Citizendium  
uses a CC-BY-SA 3.0 (unported) license already. Presumably Citizendium  
wants both to import and export CC-BY-SA content.  Any implementation  
by us that would require us to ask Citizendium for some kind of  
exemption -- which I agree would be unlikely -- is out of the question.

Note that I used the word easier, which is a comparative, rather  
than easy, which is an absolute.


--Mike





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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Mike Godwin

geni writes:

 In any case vagueness has it's uses since any attempt to try and
 define everything will tend to  result in the license either failing
 or behaving in a very unhelpful manner under certain conditions.

I like to think Kurt Gödel had some important observations in this  
regard.

One of the things I see as a lawyer and as a student in philosophy is  
the attempt in the GFDL to cover every possible use case with  
specificity -- this effort is not wholly incomparable to the effort to  
explain all of mathematics in terms of logic and set theory.


--Mike



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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Sam Johnston
On Thu, Jan 22, 2009 at 9:56 PM, Nathan nawr...@gmail.com wrote:

 It's by no means guaranteed that if we include 

 http://en.wikipedia.org/w/index.php?title=Dentistrycurid=8005action=history
 
 in a printed book in 2009 it will still be accessible in 2019.


You're right, which is another great reason *not* to link to the history
page URLs  (which are as ugly as sin) but to the article directly (which is
*significantly* more useful for the reusers' users). While I find it very
hard to believe Wikipedia will cease to exist, the same can't necessarily be
said for PHP and ugly GET requests are already a dying breed... If we do
eventually find a sensible way to identify primary authors then we can
always promote them to the article page, or a separate info/credits page
(which could include other metadata like creation date, edit and editor
counts, etc.).

On the other hand if we *must* have a separate link then perhaps appending
'/info', '/credit' or similar to the article URL would be a better choice.
Alternatively we could set up something like a purl partial redirect or even
run our own short link service (eg http://wikipedia.org/x9fd) which would
reliably point at a specific version and survive moves etc.

There are plenty of solutions - we just need to work out which one works
best and offends the least people.

Sam


 On the other hand, if we printed out the names in the book... then as long
 as you have the book you have the names, because they travel together. We
 may change the syntax of the history link, the most common method for
 locating content on the web may change (either structurally, or because of
 device evolution), or the sites might for some reason come down. We should
 also consider that ideally we want our content to be usefully credited in
 areas of the world where Internet access is very limited, or where
 Wikipedia
 is specifically blocked. Thinking ahead, these are the parts of the world
 most likely to be using a paper Wikipedia anyway.

 I do understand that there are mediums where this is impossible, and I
 think
 perhaps the solution requires an outline that describes different (but
 reasonable) standards based on medium category, broadly interpreted.

 Nathan
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Jussi-Ville Heiskanen
Erik Moeller wrote:
 2009/1/21 Nikola Smolenski smole...@eunet.yu:
   
 I'm not sure that these positions should be balanced. For example, everyone
 who believes that an URL should be fine is also OK if all names are given,
 but not the other way around.
 

 That's evidently not true. Many people in this debate have said that
 giving all names encumbers re-use of the work when such lists get very
 long, so they are not 'fine' with listing all names, because they
 recognize that there is an additional good (ease of re-use) that needs
 to be served. It's true that this is not the case for a large number
 of articles, but it's often the case for the most interesting ones.
 The proposed attribution language - to state names when there are
 fewer than six - is precisely written as a compromise. According to
 your own metrics, for very many articles, this would mean that all
 authors would be named. And the filtering of author names could be
 continually improved to exclude irrelevant names.

 I would say that it's true that the people who have made the case
 against heavy attribution requirements have been typically more
 willing to accept compromise. What compromise are you willing to
 accept? Saying that 'you can opt out' does not address the concerns of
 the other side. Opt-in permanent attribution would be an alternative
 that would probably not have huge impact, and it could be offered only
 on a retroactive basis (e.g. for past edits, but not for future ones).
   


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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Chad
On Thu, Jan 22, 2009 at 4:45 PM, Thomas Dalton thomas.dal...@gmail.comwrote:

 2009/1/22 Chad innocentkil...@gmail.com:
  On Thu, Jan 22, 2009 at 4:25 PM, Thomas Dalton thomas.dal...@gmail.com
 wrote:
  It all boils down to how you define reasonable, and that's usually
  left to laymen, not lawyers.
 
 
  Which is why I for one say shame on CC for using such crappy
  phrasing. Essentially they're saying require attribution, but what
  form that attribution comes in is what author(s) deem to be
  reasonable.

 It's what a jury deems reasonable, rather than the author(s), isn't it?


The author(s) set the terms. If it ends up in court, it would be
the judge/jury who decides if the author(s)' idea of 'reasonable'
is in fact reasonable.

Of course, this all depends on the court's idea of 'reasonable' too,
so we're back to the same issue :)

-Chad
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Jussi-Ville Heiskanen
Erik Moeller wrote:

 For example, if WMF decides that a guaranteed by-name attribution is
 not reasonable, scalable, and detrimental to the goals of WMF, it can
 responsibly tell people that. People who have made past edits could be
 given the option to have _those_ edits always attributed by name. The
 community could gradually factor out those edits if it considers them
 to be cumbersome.

   

Let me just humbly ask you. Would it be detrimental to the
goals of the WMF, if people re-using WMF content could do
so in a way that would make the content impossible to use
in any jurisdiction where moral rights obtain?

I ask only in a search for clarity on this issue.


Yours,

Jussi-Ville Heiskanen



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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Platonides
Erik Moeller wrote:
 Because I don't think it's good to discuss attribution as an abstract
 principle, just as an example, the author attribution for the article
 [[France]] is below, excluding IP addresses. According to the view
 that attribution needs to be given to each pseudonym, this entire
 history would have to be included with every copy of the article.
 Needless to say, in a print product, this would occupy a very
 significant amount of space. Needless to say, equally, it's a
 significant obligation for a re-user. And, of course, Wikipedia keeps
 growing and so do its attribution records.
 
 The notion that it's actually useful to anyone in that list is dubious
 at best. A vast number of pseudonyms below have no meaning except for
 their context in Wikipedia. I think requiring this for, e.g., a
 wiki-reader on countries makes it significantly less likely for people
 to create such products,

Not that creating a wiki-reader of countries is easier either. Although
if they are using WMF articles dumps they'll have more problems because
they don't include attribution. So the problem is basically collecting
the authors. If they were incorporated (eg. bug 16082) showing the list
is even easier than the content itself.


 The idea that we can meaningfully define the number of cases where
 this requirement is onerous and the number where it isn't through
 simple language is not at all obvious to me. Whether something is
 onerous is in part a function of someone's willingness and ability to
 invest effort, not whether they are creating something that's intended
 for online and offline use.

We can at least document what we consider not onerous (ie. lazyness on
part of the reuser not to do). I think we can advance much more on that
path (and maybe then generalise). One of such statements could be
A DVD release shouldn't include just a url to the history.
Anyone here doesn't find it reasonable?

Yes, there will be borderline cases, but most of them can be grouped
together. If people find that is onerous we should also work on making
the task easier for them (eg. adding an Authors tab as proposed). For
instance, it once was hard to get the contributors list. Now there're
several tools to do it.



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Re: [Foundation-l] Re-licensing

2009-01-22 Thread George Herbert
On Thu, Jan 22, 2009 at 3:04 PM, Thomas Dalton thomas.dal...@gmail.comwrote:

 2009/1/22 Mike Godwin mgod...@wikimedia.org:
  allowing editors who insist on being listed to be
  listed

 I think unless that is opt-out, not opt-in, it won't help and if it's
 opt-out if probably won't make things much easier.


Why?

If we assert a default sense of the community that the URL is reasonable,
and allow individual authors to override that (and consequently annoy
readers and redistributors in the future) how does that negatively affect
any author's rights or property?


-- 
-george william herbert
george.herb...@gmail.com
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Jussi-Ville Heiskanen
Mike Godwin wrote:
 geni writes:

   
 In any case vagueness has it's uses since any attempt to try and
 define everything will tend to  result in the license either failing
 or behaving in a very unhelpful manner under certain conditions.
 

 I like to think Kurt Gödel had some important observations in this  
 regard.

 One of the things I see as a lawyer and as a student in philosophy is  
 the attempt in the GFDL to cover every possible use case with  
 specificity -- this effort is not wholly incomparable to the effort to  
 explain all of mathematics in terms of logic and set theory.


 --Mike


   

You Are Nicholas Bourbaki, And I Claim My Five Pounds.


Yours,

Jussi-Ville Heiskanen



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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Thomas Dalton
2009/1/23 George Herbert george.herb...@gmail.com:
 On Thu, Jan 22, 2009 at 3:04 PM, Thomas Dalton thomas.dal...@gmail.comwrote:

 2009/1/22 Mike Godwin mgod...@wikimedia.org:
  allowing editors who insist on being listed to be
  listed

 I think unless that is opt-out, not opt-in, it won't help and if it's
 opt-out if probably won't make things much easier.


 Why?

 If we assert a default sense of the community that the URL is reasonable,
 and allow individual authors to override that (and consequently annoy
 readers and redistributors in the future) how does that negatively affect
 any author's rights or property?

Either it's reasonable, or it's not. If you feel the need to give
people the option of opting out, then obviously you think it isn't
reasonable. Also, why should people that have edited in the past and
then moved on not get the same rights as current editors?

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[Foundation-l] Re-licensing (Import)

2009-01-22 Thread Klaus Graf
 Date: Thu, 22 Jan 2009 14:58:31 -0800
 From: Mike Godwin mgod...@wikimedia.org
 Subject: Re: [Foundation-l] Re-licensing
 To: foundation-l@lists.wikimedia.org
 Message-ID: 55aa3395-ec88-4ec2-8d36-efda1967a...@wikimedia.org
 Content-Type: text/plain; charset=US-ASCII; format=flowed; delsp=yes

 geni writes:

 (BTW, one benefit of the licensing proposal is that it will be easier
 for Wikipedia and Citizendium to cross-fertilize each other.)

 Nope. The to clarify that attribution via reference to page histories
 is acceptable if there are more than five authors. bit will mean that
 it is imposable for wikipedia to take content from Citizendium without
 Citizendium adopting some very strange TOS specifically for the
 benefit of wikipedia which I would rather doubt it would do. Even that
 would not make it possible to copy content on Citizendium to wikipedia
 at the moment were the 5 names +URL proposal to be enacted.

 I don't regard the 5 names+URL implementation proposal to be written
 in stone. We might choose to modify it (by, e.g., increasing the
 number of names, or allowing editors who insist on being listed to be
 listed) based on feedback here and elsewhere. But the aspect of the
 license update has always been to maximize the extent to which
 Wikipedia can import and export CC-BY-SA-licensed content. Citizendium
 uses a CC-BY-SA 3.0 (unported) license already. Presumably Citizendium
 wants both to import and export CC-BY-SA content.  Any implementation
 by us that would require us to ask Citizendium for some kind of
 exemption -- which I agree would be unlikely -- is out of the question.

May I repeat: It is the right of the author and only of the author to
choose the way the attribution is made according the CC-BY-SA license.

You must, unless a request has been made pursuant to Section 4(a),
keep intact all copyright notices for the Work and provide, reasonable
to the medium or means You are utilizing: (i) the name of the Original
Author (or pseudonym, if applicable) if supplied, and/or (ii) if the
Original Author and/or Licensor designate another party or parties
(e.g. a sponsor institute, publishing entity, journal) for attribution
(Attribution Parties) in Licensor's copyright notice, terms of
service or by other reasonable means, the name of such party or
parties; the title of the Work if supplied; to the extent reasonably
practicable, the Uniform Resource Identifier, if any, that Licensor
specifies to be associated with the Work, unless such URI does not
refer to the copyright notice or licensing information for the Work;
and, consistent with Section 3(b) in the case of a Derivative Work, a
credit identifying the use of the Work in the Derivative Work (e.g.,
French translation of the Work by Original Author, or Screenplay
based on original Work by Original Author). The credit required by
this Section 4(c) may be implemented in any reasonable manner

The original Author/Licensor has to designate an attribution party and
to specify an URI as attribution.

His decision has to be respected by Wikipedia absolutely. This means:
If Wikipedia wants to import standard CC-BY-SA content with the name
of the author as attribution scheme it is NOT possible to apply the 5
authors rule for this content. Author's name has to be mentioned even
if 1000 other contributors work on the Wikipedia article - not for
eternity but 70 years after his death.

In this case re-users cannot choose the link-to-a-name-list-rule.

If such imported authors have special conditions - why not give them
to all Wikipedia contributors?

Klaus Graf

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread George Herbert
On Thu, Jan 22, 2009 at 4:24 PM, Thomas Dalton thomas.dal...@gmail.comwrote:

 2009/1/23 George Herbert george.herb...@gmail.com:
  On Thu, Jan 22, 2009 at 3:04 PM, Thomas Dalton thomas.dal...@gmail.com
 wrote:
 
  2009/1/22 Mike Godwin mgod...@wikimedia.org:
   allowing editors who insist on being listed to be
   listed
 
  I think unless that is opt-out, not opt-in, it won't help and if it's
  opt-out if probably won't make things much easier.
 
 
  Why?
 
  If we assert a default sense of the community that the URL is
 reasonable,
  and allow individual authors to override that (and consequently annoy
  readers and redistributors in the future) how does that negatively affect
  any author's rights or property?

 Either it's reasonable, or it's not. If you feel the need to give
 people the option of opting out, then obviously you think it isn't
 reasonable. Also, why should people that have edited in the past and
 then moved on not get the same rights as current editors?


No, I think it is reasonable.  If I were the License Czar we'd just do that
and be done with it.

But this is a community, with some people with aggressively diverse
opinions.  Imposing from above without flexibility causes pain and suffering
and hurt feelings and people leaving the project and firey poo-flinging
monkeys on UFOs to descend from the heavens.

I think that overall, we have to do something like the proposed CC-BY-SA-3.0
details to balance author, reader, project, and content reuser interests,
and I believe that that's ultimately not negotiable.

Optimizing the implementation of BY so that people who agree that GFDL - CC
is good but who disagree on the BY credit-by-web approach can still stay
included, while still balancing reader and project and content reuser needs
with author needs, is a good thing.  A default to the reasonable approach,
with exception allowed for objectors, works fine for that.


-- 
-george william herbert
george.herb...@gmail.com
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Erik Moeller
2009/1/22 Thomas Dalton thomas.dal...@gmail.com:
 If we assert a default sense of the community that the URL is reasonable,
 and allow individual authors to override that (and consequently annoy
 readers and redistributors in the future) how does that negatively affect
 any author's rights or property?

 Either it's reasonable, or it's not. If you feel the need to give
 people the option of opting out, then obviously you think it isn't
 reasonable. Also, why should people that have edited in the past and
 then moved on not get the same rights as current editors?

Essentially, by doing this, you'd be saying: We disagree with you,
but we're not interested in engaging in a prolonged battle over
perceived author rights in a massively collaborative work with you. So
if you really have a beef with our attribution model, which is the
result of many months of deliberation and consultation, you can use
this setting to be attributed in a way for your past edits that's
consistent with your perception and beliefs about what rights you have
retained under the terms of use in the past. 

However, we think that the notion that print-outs of massively
collaborative works should carry author attribution over multiple
pages, that spoken versions should contain many seconds of
text-to-speech generated author lists, that indeed any re-user will
have to worry about this problem, is completely counter to the
principles of free culture. So, for your past edits, please click this
button. We will always attribute you by name as long as we use your
text, and we will probably remove your edits over time. For your
future edits, we've made it abundantly clear that this isn't something
we believe is required or needed. If you think it is, please
contribute somewhere else.

It would be, IMO, a completely defensible way to deal with a situation
where a minority is trying to impose standards on an entire community
which are counter to its objectives. I'm not necessarily saying that
this reflects the situation we have today: I don't know how widespread
the belief in the need for distribution of excessive author metadata
is. I think it would be worth the effort to find out. It's my personal
belief that such metadata requirements are harmful examples of
non-free licensing terms, and I would be surprised to see many people
defend excessive attribution as in the
http://books.google.com/books?id=BaWKVqiUH-4Cpg=PT979#PPT959,M1
example (even if it's aesthetically well done and obviously pleasing
to lots of German mothers).

The above solution would still result in the odd situation where the
article on [[France]] would say: 'See (url) for a list of authors,
including Foo and Bar'. But that is a problem that could be solved
over time by removing those people's contributions. It seems to me
that, essentially, some people have been operating under the
assumption that they are contributing in a fashion that would make the
resulting work effectively non-free in much the same way other onerous
restrictions do. It's too bad that they've made that assumption, given
how strongly and clearly we've always emphasized the principles of
freedom.

I think it would be fully ethically and legally defensible to ignore
this assumption as incorrect and unreasonable, but it would be nicer
(and possibly less noisy) to accommodate these people as much as
reasonably possible while explaining that the 'free' in 'free
encyclopedia' is inconsistent with hassling re-users about the
inclusion of kilobytes worth of largely meaningless author metadata.
I'm not advocating one path over another at this point, though.

Flexible and vague clauses can work well when you're dealing with
issues with few stakeholders who all have a shared and tacit
understanding of what they want to accomplish. By definition, massive
collaboration isn't such a situation: any one of hundreds or thousands
of contributors to a document can behave unreasonably, interpreting
rules to the detriment of others. The distributed ownership of
copyright to a single work is an example of what Michael Heller calls
'gridlock' or an 'anticommons'. Ironically, even with free content
licenses, the gridlock effects of copyright can still come into play.

I believe it's our obligation to give our reusers protection from
being hassled by people insisting on heavy attribution requirements,
and to create consistency in reuse guidelines. Really, WMF and its
chapters can hardly develop partnerships with content reusers if we
can't give clarity on what's required of them. A great deal of free
information reuse may not be happening because of fear, uncertainty
and doubt. I would much rather remove all doubt that our content is
free to be reused without onerous restrictions.

-- 
Erik Möller
Deputy Director, Wikimedia Foundation

Support Free Knowledge: http://wikimediafoundation.org/wiki/Donate

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Re: [Foundation-l] Survey wrap-up

2009-01-22 Thread Erik Moeller
2009/1/22 Robert Rohde raro...@gmail.com:
 It is now 11 weeks later.  Any idea when we might see the survey
 results released?

I've sent the survey team a first set of priority questions for
analysis. I haven't received an ETA yet, but I will report results as
soon as they become available, and I hope it's a matter of weeks, not
months, at this point. This will not yet be the full in-depth
analysis, which will probably take until March/April.


-- 
Erik Möller
Deputy Director, Wikimedia Foundation

Support Free Knowledge: http://wikimediafoundation.org/wiki/Donate

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Re: [Foundation-l] Re-licensing (Import)

2009-01-22 Thread Sam Johnston
On Fri, Jan 23, 2009 at 2:06 AM, Klaus Graf klausg...@googlemail.comwrote:

 His decision has to be respected by Wikipedia absolutely.


And it will be... in the edit summary for the import which is in turn
referenced either directly or indirectly in the attribution.

The critical difference is that unlike your average Wikipedian, this author
didn't deliberately and knowingly contribute to a collaborative effort and
in doing so waive any real possibility of a meaningful attribution.

So what's the better evil? Dealing with this once on the way in (that is,
pinging the original author regarding your intention to include their
content in a wiki where it will be relentlessly edited and reused with
diluted attribution) or externalising the effort for all of our [re]users
(and their [re]users and so on) forever by 'polluting' the article with a
myriad differing long-lived attribution demands?

Note that Citizendium have been doing something like what is proposed for
ages (you must attribute the *Citizendium* and link to
http://www.citizendium.org/ as well as the relevant *Citizendium* article),
*including* for Wikipedia articles (Some content on this page may
previously have [appeared on Wikipedia]). The sky hasn't fallen on them
yet.

Sam

1. http://en.citizendium.org/wiki/CZ:Reusing_Citizendium_Content
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Re: [Foundation-l] Survey wrap-up

2009-01-22 Thread Robert Rohde
On Thu, Jan 22, 2009 at 5:50 PM, Erik Moeller e...@wikimedia.org wrote:
 2009/1/22 Robert Rohde raro...@gmail.com:
 It is now 11 weeks later.  Any idea when we might see the survey
 results released?

 I've sent the survey team a first set of priority questions for
 analysis. I haven't received an ETA yet, but I will report results as
 soon as they become available, and I hope it's a matter of weeks, not
 months, at this point. This will not yet be the full in-depth
 analysis, which will probably take until March/April.

This still feels like an awful long time.  I understand the desire to
do synthesis and interpretation, but is there some reason why basic
summary data can't be released much faster than 3+ months?  For
example, the number of people choosing each option on each question.
While there is value in picking apart subgroups and performing
regressions (especially when you have such a huge sample size!), many
of us aren't even sure what the first-order patterns will look like so
it would be nice to see some data released.

-Robert Rohde

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread geni
2009/1/23 Erik Moeller e...@wikimedia.org:

 E our attribution model, which is the
 result of many months of deliberation and consultation,

Evidences?

 However, we think that the notion that print-outs of massively
 collaborative works should carry author attribution over multiple
 pages, that spoken versions should contain many seconds of
 text-to-speech generated author lists, that indeed any re-user will
 have to worry about this problem, is completely counter to the
 principles of free culture.

{{fact}}

 So, for your past edits, please click this
 button. We will always attribute you by name as long as we use your
 text, and we will probably remove your edits over time.

Questionable. For example the heavily edited [[Siege]] has text that
is recognizably mine from 2004.


 It would be, IMO, a completely defensible way to deal with a situation
 where a minority is trying to impose standards on an entire community
 which are counter to its objectives. I'm not necessarily saying that
 this reflects the situation we have today: I don't know how widespread
 the belief in the need for distribution of excessive author metadata
 is. I think it would be worth the effort to find out. It's my personal
 belief that such metadata requirements are harmful examples of
 non-free licensing terms, and I would be surprised to see many people
 defend excessive attribution as in the
 http://books.google.com/books?id=BaWKVqiUH-4Cpg=PT979#PPT959,M1
 example (even if it's aesthetically well done and obviously pleasing
 to lots of German mothers).

Err your proposed solution wouldn't greatly change the situation there
since it could require up to a quarter of a million credits and about
50,000 urls. Since most wikipedia nics are rather shorter than URLs I
find it questionable that that would count as an improvement.

Hmm it has pics as well attaching urls to the pics instead of author
nics actively makes things worse.

 The above solution would still result in the odd situation where the
 article on [[France]] would say: 'See (url) for a list of authors,
 including Foo and Bar'. But that is a problem that could be solved
 over time by removing those people's contributions. It seems to me
 that, essentially, some people have been operating under the
 assumption that they are contributing in a fashion that would make the
 resulting work effectively non-free in much the same way other onerous
 restrictions do. It's too bad that they've made that assumption, given
 how strongly and clearly we've always emphasized the principles of
 freedom.

The phrase Reasonable to the medium or means in the CC license
pretty much makes what you suggest impossible using credits. If you
want to do that copyright notices are a far better attack line.


 Flexible and vague clauses can work well when you're dealing with
 issues with few stakeholders who all have a shared and tacit
 understanding of what they want to accomplish. By definition, massive
 collaboration isn't such a situation: any one of hundreds or thousands
 of contributors to a document can behave unreasonably, interpreting
 rules to the detriment of others. The distributed ownership of
 copyright to a single work is an example of what Michael Heller calls
 'gridlock' or an 'anticommons'. Ironically, even with free content
 licenses, the gridlock effects of copyright can still come into play.

If you think CC licenses don't have large flexible and vague areas you
haven't read them or have a poor understanding of international IP
law.

 I believe it's our obligation to give our reusers protection from
 being hassled by people insisting on heavy attribution requirements,
 and to create consistency in reuse guidelines.

Those two directly contradict.

 Really, WMF and its
 chapters can hardly develop partnerships with content reusers if we
 can't give clarity on what's required of them.

You cannot give clarity for them whatever you do. You are not a
government. The cost however  of your attempt would be that wikipedia
is unable to be a reuser.

 A great deal of free
 information reuse may not be happening because of fear, uncertainty
 and doubt.

may. So speculation.

 I would much rather remove all doubt that our content is
 free to be reused without onerous restrictions.

You might want to but there is no way you can actually do it. There is
very little caselaw when it comes to free licenses (heh we can't even
show that CC licenses are something that can be meaningfully agreed to
in say France).

-- 
geni

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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Anthony
  What is the legal distinction you're drawing
  here? (I ask for the legal distinction because you are articulating
  your concern in terms of what you purport to be violations of your
  legal rights.)
 
 
  Actually, I'm purporting them to be violations of my moral rights.

 How are you distinguishing between moral rights and legal rights?


A legal right is recognized by law.  A moral right may not be.


 A moral right is a kind of legal right, in those jurisdictions that
 recognize moral rights.


Sure, but I'm not in a jurisdiction that indisputably recognizes the right
to attribution.

 But the
  distinction is pretty obvious - in one case the page is a click
  away, in the
  other case it at least requires finding internet access and typing
  in a url,
  and quite possibly requires jumping through even more hoops than that.

 So if you were unhappy that your attribution was at the back of a
 book, because a reader has to turn to the end and read through a lot
 of small print in order to find your name, that would give you a basis
 for objecting to that form of attribution?


Barring a license to use my content in that way, sure.  Just like a film
director has a basis to demand the last solo credit card before the first
scene of the picture.

 But an online attribution on a separate page (or server) when the
  article is offline is *not*
  direct?  What is the legal (or rights) basis for this
  distinction?
 
  Common sense?

 So you're saying your legal rights are defined by common sense?


To some extent, sure.  Not entirely by common sense, of course, but legal
rights can't be understood without employing common sense.


 Are you sure that's the direction in which you want to take your argument?


I'm sure you'll take my comment out of context in any case.
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 5:51 PM, Thomas Dalton thomas.dal...@gmail.comwrote:

 2009/1/22 Mike Godwin mgod...@wikimedia.org:
 
  Anthony writes:
 
  Come to think of it, forking under GFDL 1.3 would probably be the most
  appropriate.  Then, since Wikipedia intends to dual-license new
  content, new
  Wikipedia content could be incorporated into the fork, but new forked
  content couldn't be incorporated into Wikipedia.
 
  You haven't reviewed the FAQ.  As Richard Stallman explains, CC-BY-SA-
  only changes, including imports from external sources, will bind
  Wikipedia and re-users of Wikipedia content.

 I think it's obvious Anthony means almost all new Wikipedia content
 - CC-BY-SA only edits obviously can't be used under GFDL, do you
 really think Anthony's that stupid or are you just taking every
 opportunity you can to resort to (somewhat subtle, I'll grant you) ad
 hominem attacks because you know you're talking nonsense?


Thanks.  By new Wikipedia content I meant content first contributed to
Wikipedia.

To answer Mike's other comment, about why I don't fork now.  1) I never said
I was the one who was going to do the fork, I only said a 10% level would
likely be enough of a critical mass to pull it off; and 2) I don't think the
WMF has managed yet to piss off enough people to make a fork viable.  *IF*
more than 10% or so of voters want direct attribution, and *IF* the WMF goes
ahead and tells reusers that attribution by URL is acceptable, *THEN* I
think a fork would be viable.
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Mike Godwin
Anthony writes:

 A legal right is recognized by law.  A moral right may not be.

This must be your own idiosyncratic application of the term moral  
right.  In copyright, moral rights refers to inalienable legal  
rights that are recognized in law. If you are in a jurisdiction that  
does not recognize moral rights, then you don't have them, by  
definition.

 Sure, but I'm not in a jurisdiction that indisputably recognizes the  
 right
 to attribution.

Okay, so why are you invoking rights that you don't have?

 Barring a license to use my content in that way, sure.  Just like a  
 film
 director has a basis to demand the last solo credit card before the  
 first
 scene of the picture.

Excuse me?  Film directors don't have any legal right to such a  
credit card (I assume you mean credit).  They may negotiate for  
such a credit through contract, but they don't have it in the absence  
of a contract.

 So you're saying your legal rights are defined by common sense?

 To some extent, sure.  Not entirely by common sense, of course, but  
 legal
 rights can't be understood without employing common sense.

They can't be understood without knowledge of the law, either.


--Mike




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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Mike Godwin
Anthony writes:

 A legal right is recognized by law.  A moral right may not be.

This must be your own idiosyncratic application of the term moral  
right.  In copyright, moral rights refers to inalienable legal  
rights that are recognized in law. If you are in a jurisdiction that  
does not recognize moral rights, then you don't have them, by  
definition.

 Sure, but I'm not in a jurisdiction that indisputably recognizes the  
 right
 to attribution.

Okay, so why are you invoking rights that you don't have?

 Barring a license to use my content in that way, sure.  Just like a  
 film
 director has a basis to demand the last solo credit card before the  
 first
 scene of the picture.

Excuse me?  Film directors don't have any legal right to such a  
credit card (I assume you mean credit).  They may negotiate for  
such a credit through contract, but they don't have it in the absence  
of a contract.

 So you're saying your legal rights are defined by common sense?

 To some extent, sure.  Not entirely by common sense, of course, but  
 legal
 rights can't be understood without employing common sense.

They can't be understood without knowledge of the law, either.


--Mike




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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Erik Moeller
2009/1/22 geni geni...@gmail.com:
 Err your proposed solution wouldn't greatly change the situation there
 since it could require up to a quarter of a million credits and about
 50,000 urls. Since most wikipedia nics are rather shorter than URLs I
 find it questionable that that would count as an improvement.

A single URL could point to a list of all contributors for all
articles. I agree that under the proposed principles of attribution, a
lot of individual names would still have to be included, though
probably far fewer than right now. (They could actually be more
visibly included as 'credit: foo, bar' under the articles, which IMO
underscores that the proposed regime, where direct credit is given,
encourages it to be more visible and significant.)  One of the
interesting things about the German book is that it's a collection of
many thousands of tiny article summaries, which still triggers the
worst of any attribution regime that requires direct name attribution.

I do agree with you, Mike and others who have pointed out that we want
to retain flexibility in application. I'm not arguing for absolutely
rigid attribution requirements, and to the extent that the current
proposal suggests that, it should be revised. I am, however, arguing
for articulating principles and demonstrating them through guidelines
and examples, so that there's no ambiguity about our general
understanding of what we mean with reasonable applications.
-- 
Erik Möller
Deputy Director, Wikimedia Foundation

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 4:45 PM, Thomas Dalton thomas.dal...@gmail.comwrote:

 2009/1/22 Chad innocentkil...@gmail.com:
  On Thu, Jan 22, 2009 at 4:25 PM, Thomas Dalton thomas.dal...@gmail.com
 wrote:
  It all boils down to how you define reasonable, and that's usually
  left to laymen, not lawyers.
 
 
  Which is why I for one say shame on CC for using such crappy
  phrasing. Essentially they're saying require attribution, but what
  form that attribution comes in is what author(s) deem to be
  reasonable.

 It's what a jury deems reasonable, rather than the author(s), isn't it?


Isn't it what a jury deems the grantee of the license to have intended?

You must, unless a request has been made pursuant to Section 4(a), [...]
provide, reasonable to the medium or means You are utilizing: (i) the name
of the Original Author (or pseudonym, if applicable) if supplied, and/or if
the Original Author and/or Licensor designate another party or parties
(e.g., a sponsor institute, publishing entity, journal) for attribution
(Attribution Parties) in Licensor's copyright notice, terms of service or
by other reasonable means, the name of such party or parties.

Now, personally, the way I read reasonable to the medium or means You are
utilitzing, I think it means what is reasonably necessary to provide
proper attribution, not what is reasonably necessary to maximize reuse.
Erik seems to be pushing for the latter interpretation.

On the other hand, I think it's a terrible idea to use such an ambiguous
license in the first place.
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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 10:31 PM, Mike Godwin mnemo...@gmail.com wrote:

 Anthony writes:

  A legal right is recognized by law.  A moral right may not be.

 This must be your own idiosyncratic application of the term moral
 right.  In copyright, moral rights refers to inalienable legal
 rights that are recognized in law. If you are in a jurisdiction that
 does not recognize moral rights, then you don't have them, by
 definition.


In ethics, A moral right is a morally justified claim. A legal right is a
legally justified claim. When one uses the term right without specifying
the nature of the justification, one usually means a moral right. (
http://www.onlineethics.org/CMS/glossary.aspx?letter=R)

Confusing, perhaps, since the term moral rights (almost always plural) has
another definition in copyright law.


  Barring a license to use my content in that way, sure.  Just like a
  film
  director has a basis to demand the last solo credit card before the
  first
  scene of the picture.

 Excuse me?  Film directors don't have any legal right to such a
 credit card (I assume you mean credit).  They may negotiate for
 such a credit through contract, but they don't have it in the absence
 of a contract.


In the absence of a contract, there wouldn't be a film.  And no, I mean
credit card, as in a type of title card.  It's film jargon, derived no
doubt by the fact that they used to be printed on cards.
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Jussi-Ville Heiskanen
Anthony wrote:

 Now, personally, the way I read reasonable to the medium or means You are
 utilitzing, I think it means what is reasonably necessary to provide
 proper attribution, not what is reasonably necessary to maximize reuse.
 Erik seems to be pushing for the latter interpretation.

   

Without stipulating that that is what Erik really wants, I
will just say that I fear what he has been so far proposing,
in the absolute will not accomplish that end.

Instead it can completely prevent some reuse of material
derived from wikipedia. That is prevent reuse of reused
wikipedia material, breaking the viral nature of the inherent
copyleft; in those jurisdictions where moral rights are
inalienable. At least that is my understanding. I of course
Am Not a Lawyer.


Yours,

Jussi-Ville Heiskanen




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Re: [Foundation-l] Re-licensing

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 10:31 PM, Mike Godwin mnemo...@gmail.com wrote:

 Anthony writes:
  Sure, but I'm not in a jurisdiction that indisputably recognizes the
  right
  to attribution.

 Okay, so why are you invoking rights that you don't have?


Please read http://en.wikipedia.org/wiki/Moral_rights,
http://en.wikipedia.org/wiki/Moral_rights_(copyright_law), and
http://en.wikipedia.org/wiki/Natural_rights

Just because a right isn't recognized, does not mean that I do not have it.

Sometimes I wonder whether you're being intentionally obtuse.  How in the
world could a lawyer familiar with constitutional law not know that?
Seriously, that's appalling.
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Re: [Foundation-l] Commons and The Year of the Picture

2009-01-22 Thread Yaroslav M. Blanter
Did actually anybody ever considered paying some part of the profit to the
authors of the pictures? Or at least, if this is such a tiny amount that
it would not make sense, placing some acknowledgements at their pages?

I am sorry to say, now I see quite an opposite attitude: You have put a
picture under a free licence, now do not complain. This is fine of course
but does not encourage the authors very much.

Cheers
Yaroslav


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