[Wikimedia-l] Study: Nobody cares about your copyright

2012-05-28 Thread Andrew Gray
On Monday, 21 May 2012, Samuel Klein wrote:

  O'Reilly is offering works under 14 years (c), thence CC-by

 Campaign idea: set up a named class of license for friendly groups
 like O'Reilly that are committing to 14 years, which are defined by
 terming out in no more than 14 years to CC0 or equivalent PD
 declarations.


A thought on naming.

The obvious way to badge such a license is through Creative Commons; but
we've spilled vast amounts of metaphorical ink over is NC free? and is
ND free?, and one of the results is a good deal of confusion over what a
free license is, what we should campaign for, etc etc etc.

If we throw into the mix *another* license from the same stable, the
situation gets even more muddled. The inevitable vague descriptions (this
work is under a creative commons license with no definition or link is
surprisingly common) will encompass a much wider range of use cases - do
what you like, just credit me and all rights utterly reserved until 2025
will be under the same umbrella.

- Andrew.


-- 
- Andrew Gray
  andrew.g...@dunelm.org.uk
___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-28 Thread Tom Morris
On 28 May 2012 22:37, John Vandenberg jay...@gmail.com wrote:

 I'd love to see -NC and -ND dropped from the CC catalog, but I doubt
 its going to happen.

 It would be nice if -NC and -ND had a time limit on them, after which
 the work becomes CC-BY or CC-BY-SA.


Although NC and ND cause pain for Wikipedians and Commonists and so
on, I'd actually not be a big fan of getting rid of them.

NC and ND give people a chance to dip their toe into free culture
licensing. Then upon finding that their leg hasn't been bitten off by
ravenous sharks and that actually mostly everything is fine, we can
come along and nudge them into upgrading.

See, for instance, the UK government: many government departments
published images under NC/ND. And then when nobody got fired for it,
they pass the Open Government License, which is a free content license
very much like CC BY.*

The question is: does NC/ND give people an excuse not to go for a
freer license, or does it give them a stepping stone towards freer
license from no licensing? It'd be nice if we could have some evidence
on this rather than anecdote trading. ;-)

NC and ND do have some uses. For instance, the very common use case of
publishing an academic paper. Yes, CC BY would be better. But BY-ND is
still pretty useful for the most common use case for a lot of academic
papers, namely photocopying a paper for a whole class of students...

(Plus getting rid of NC and ND won't mean that people won't stop
licensing works under NC/ND. There's a huge load of NC/ND work out
there already.)

* https://meta.wikimedia.org/wiki/OGL

-- 
Tom Morris
http://tommorris.org/

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-23 Thread George Herbert
On Mon, May 21, 2012 at 12:59 PM, Mike Linksvayer m...@gondwanaland.com wrote:
 Maximising artistic production is a terrible goal for policy.

Why?

The whole idea of copyright - as the US started seeing it, in our
constitution and thence onwards, is properly rewarding creative people
for their efforts.  Free content and culture and information -
Wikipedia included - is great.  I don't see any need to forcibly tear
down the whole edifice of commercial paid arts in the process.

In particular, the public has no problem with individual musicians and
writers being rewarded for their efforts.  Trying to overcome that
would mean making enemies out of most of the populace on this when we
don't have to.

The authors I've talked to about this see books turned into films in
the 8-10-15-20 year timeframes and want at least that much, and also
notice that the Tolkein estate are making out like bandits from the
recent trilogy, which was far longer downstream.

 At the
 very least civil liberty, equality, and security need to be considered
 as well. If 15 years is indeed the correct length for maximising
 artistic production, the correct length, considering more important
 things, is much less. 14 years is indeed a meme and again would be a
 vast improvement. But given 14 years or any other shortening is
 totally infeasible in the near term, I'd prefer a bit more visionary
 advocacy that resets the debate, again putting artistic production at
 a far lower priority than freedom etc.

Nobody's made a big public case for any shorter term.

That's a mistake.  The whole CC and free content movement needs to
step up.  We need Cory and other luminaries advocating for a sane
term, and 14 is a good round number that works for everyone except
insane anti-IP bigots on one hand and Hollywood on the other, whom I
feel little remaining sympathy for.


-- 
-george william herbert
george.herb...@gmail.com

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-23 Thread Keegan Peterzell
On Wed, May 23, 2012 at 2:33 AM, George Herbert george.herb...@gmail.comwrote:


 Nobody's made a big public case for any shorter term.

 That's a mistake.  The whole CC and free content movement needs to
 step up.  We need Cory and other luminaries advocating for a sane
 term, and 14 is a good round number that works for everyone except
 insane anti-IP bigots on one hand and Hollywood on the other, whom I
 feel little remaining sympathy for.


 --
 -george william herbert
 george.herb...@gmail.com

 ___
 Wikimedia-l mailing list
 Wikimedia-l@lists.wikimedia.org
 Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


I think the larger point is that regard for copyright coming to a death
knell by the internet, and the care from Nobody is how people make money
based on this concept.  Should musicians less rely on publishing rights and
yield them to CC and publish them on Wikisource, and rely on touring and
willing-to-pay agreements with commercial use?  That's just an example, we
have the recent issue of bringing United States tax-payer funded research
being released under strict commercial licensing in order to make money for
publishers and not the researchers or the source of the funds.  It's about
letting go of the old source of economics for publishers and embracing a
new model.

-- 
~Keegan

http://en.wikipedia.org/wiki/User:Keegan
___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


[Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread David Gerard
From Rick Falkvinge, an English-language writeup of a Swedish study:

http://falkvinge.net/2012/05/21/study-despite-tougher-copyright-monopoly-laws-sharing-remains-pervasive/
http://svt.se/nyheter/fortsatt-fildelning-trots-skarpt-lag (Swedish news report)

61% of 15-25-year-olds in Sweden fileshare personally, and heavy
sharers have gone up. Furthermore - industry copyright education
campaigns create resentment, defiance and disrespect for the law in
general.

So, is the time ripe yet for us to start pushing for a 14-year term,
or do we wait a bit? I suggest we start contemplating it, however.


- d.

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread Johan Jönsson
2012/5/21 David Gerard dger...@gmail.com:
 From Rick Falkvinge, an English-language writeup of a Swedish study:

 http://falkvinge.net/2012/05/21/study-despite-tougher-copyright-monopoly-laws-sharing-remains-pervasive/
 http://svt.se/nyheter/fortsatt-fildelning-trots-skarpt-lag (Swedish news 
 report)

 61% of 15-25-year-olds in Sweden fileshare personally, and heavy
 sharers have gone up. Furthermore - industry copyright education
 campaigns create resentment, defiance and disrespect for the law in
 general.

 So, is the time ripe yet for us to start pushing for a 14-year term,
 or do we wait a bit? I suggest we start contemplating it, however.

I find it unlikely you would find broad support for a 14-year term
even among the users of Swedish-language Wikipedia.

//Johan Jönsson
--
http://johanjonsson.ne/wikipedia

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread geni
On 21 May 2012 13:09, David Gerard dger...@gmail.com wrote:
 From Rick Falkvinge, an English-language writeup of a Swedish study:

 http://falkvinge.net/2012/05/21/study-despite-tougher-copyright-monopoly-laws-sharing-remains-pervasive/
 http://svt.se/nyheter/fortsatt-fildelning-trots-skarpt-lag (Swedish news 
 report)

 61% of 15-25-year-olds in Sweden fileshare personally, and heavy
 sharers have gone up. Furthermore - industry copyright education
 campaigns create resentment, defiance and disrespect for the law in
 general.

 So, is the time ripe yet for us to start pushing for a 14-year term,
 or do we wait a bit? I suggest we start contemplating it, however.


The most pirated bit of content at the moment appears to be game of
thrones so I'm not sure what 14 years has to do with anything.

-- 
geni

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread Mike Linksvayer
On Mon, May 21, 2012 at 6:31 AM, geni geni...@gmail.com wrote:
 On 21 May 2012 13:09, David Gerard dger...@gmail.com wrote:
 So, is the time ripe yet for us to start pushing for a 14-year term,
 or do we wait a bit? I suggest we start contemplating it, however.

 The most pirated bit of content at the moment appears to be game of
 thrones so I'm not sure what 14 years has to do with anything.

0 years best, but I think some unauthorized sharing data could support
a merely shorter term -- recent, popular titles are the most shared
titles, but older titles constitute bulk of sharing, and presumably
most in need of distributed curation. That was my takeway from
http://ijoc.org/ojs/index.php/ijoc/article/view/1261/712 which
admittedly only looks at some Hungarian filesharing networks. I'd be
mildly surprised if similar didn't hold true worldwide.

Mike

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread Richard Symonds
FWIW, I'd like to see things being released more freely internationally,
irrespective of copyright. At present, I can either pirate the Colbert
Report, or watch it through a proxy using a US netflix account which I pay
for using a US bank account. It isn't shown anywhere in the UK.

Richard Symonds
Wikimedia UK
0207 065 0992
Disclaimer viewable at
http://uk.wikimedia.org/wiki/Wikimedia:Email_disclaimer
Visit http://www.wikimedia.org.uk/ and @wikimediauk



On 21 May 2012 16:35, Mike Linksvayer m...@gondwanaland.com wrote:

 On Mon, May 21, 2012 at 6:31 AM, geni geni...@gmail.com wrote:
  On 21 May 2012 13:09, David Gerard dger...@gmail.com wrote:
  So, is the time ripe yet for us to start pushing for a 14-year term,
  or do we wait a bit? I suggest we start contemplating it, however.
 
  The most pirated bit of content at the moment appears to be game of
  thrones so I'm not sure what 14 years has to do with anything.

 0 years best, but I think some unauthorized sharing data could support
 a merely shorter term -- recent, popular titles are the most shared
 titles, but older titles constitute bulk of sharing, and presumably
 most in need of distributed curation. That was my takeway from
 http://ijoc.org/ojs/index.php/ijoc/article/view/1261/712 which
 admittedly only looks at some Hungarian filesharing networks. I'd be
 mildly surprised if similar didn't hold true worldwide.

 Mike

 ___
 Wikimedia-l mailing list
 Wikimedia-l@lists.wikimedia.org
 Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread David Gerard
On 21 May 2012 18:59, Samuel Klein meta...@gmail.com wrote:

 I don't think the right term here is 0 years.  It is also not life
 + 70.  Perhaps 7 + 7.


I suggested 14 as a likely figure because that figure is already in
common currency - as it was the term in the UK (Statute of Anne) and
in the US (Copyright Act of 1790).

And then Sage Ross turned up the recent study suggesting a 15-year
term would be the correct length to maximise artistic production
(though I think the number is a bit conveniently close to 14 years and
would like to see multiple competing studies that show their working):

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1436186

The Economist also ran an editorial pushing 14 years:

http://www.economist.com/node/1547223

So, yeah, 14 year term is the meme.


- d.

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread Samuel Klein
14 years is a fine place to start.  Are there any existing campaigns
pushing for it?  S.

On Mon, May 21, 2012 at 2:22 PM, David Gerard dger...@gmail.com wrote:
 On 21 May 2012 18:59, Samuel Klein meta...@gmail.com wrote:

 I don't think the right term here is 0 years.  It is also not life
 + 70.  Perhaps 7 + 7.


 I suggested 14 as a likely figure because that figure is already in
 common currency - as it was the term in the UK (Statute of Anne) and
 in the US (Copyright Act of 1790).

 And then Sage Ross turned up the recent study suggesting a 15-year
 term would be the correct length to maximise artistic production
 (though I think the number is a bit conveniently close to 14 years and
 would like to see multiple competing studies that show their working):

 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1436186

 The Economist also ran an editorial pushing 14 years:

 http://www.economist.com/node/1547223

 So, yeah, 14 year term is the meme.


 - d.

 ___
 Wikimedia-l mailing list
 Wikimedia-l@lists.wikimedia.org
 Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l



-- 
Samuel Klein          identi.ca:sj           w:user:sj          +1 617 529 4266

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread Mike Dupont
What I really find upsetting is that PBS produces videos that cannot
be watched out side of the states, it really upsets me.
Also in germany, it is just unbearable, these copyright trolls called
GEMA take away all the fun of youtube.
mike

On Mon, May 21, 2012 at 5:47 PM, Richard Symonds
richard.symo...@wikimedia.org.uk wrote:
 FWIW, I'd like to see things being released more freely internationally,
 irrespective of copyright. At present, I can either pirate the Colbert
 Report, or watch it through a proxy using a US netflix account which I pay
 for using a US bank account. It isn't shown anywhere in the UK.

 Richard Symonds
 Wikimedia UK
 0207 065 0992
 Disclaimer viewable at
 http://uk.wikimedia.org/wiki/Wikimedia:Email_disclaimer
 Visit http://www.wikimedia.org.uk/ and @wikimediauk



 On 21 May 2012 16:35, Mike Linksvayer m...@gondwanaland.com wrote:

 On Mon, May 21, 2012 at 6:31 AM, geni geni...@gmail.com wrote:
  On 21 May 2012 13:09, David Gerard dger...@gmail.com wrote:
  So, is the time ripe yet for us to start pushing for a 14-year term,
  or do we wait a bit? I suggest we start contemplating it, however.
 
  The most pirated bit of content at the moment appears to be game of
  thrones so I'm not sure what 14 years has to do with anything.

 0 years best, but I think some unauthorized sharing data could support
 a merely shorter term -- recent, popular titles are the most shared
 titles, but older titles constitute bulk of sharing, and presumably
 most in need of distributed curation. That was my takeway from
 http://ijoc.org/ojs/index.php/ijoc/article/view/1261/712 which
 admittedly only looks at some Hungarian filesharing networks. I'd be
 mildly surprised if similar didn't hold true worldwide.

 Mike

 ___
 Wikimedia-l mailing list
 Wikimedia-l@lists.wikimedia.org
 Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l

 ___
 Wikimedia-l mailing list
 Wikimedia-l@lists.wikimedia.org
 Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l



-- 
James Michael DuPont
Member of Free Libre Open Source Software Kosova http://flossk.org
Contributor FOSM, the CC-BY-SA map of the world http://fosm.org
Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread emijrp
Lol, 14 years term. Good luck. That is a lost battle.

I think that the useful approach is to spread the word about free licenses,
that allow to use content NOW.

2012/5/21 Samuel Klein meta...@gmail.com

 14 years is a fine place to start.  Are there any existing campaigns
 pushing for it?  S.

 On Mon, May 21, 2012 at 2:22 PM, David Gerard dger...@gmail.com wrote:
  On 21 May 2012 18:59, Samuel Klein meta...@gmail.com wrote:
 
  I don't think the right term here is 0 years.  It is also not life
  + 70.  Perhaps 7 + 7.
 
 
  I suggested 14 as a likely figure because that figure is already in
  common currency - as it was the term in the UK (Statute of Anne) and
  in the US (Copyright Act of 1790).
 
  And then Sage Ross turned up the recent study suggesting a 15-year
  term would be the correct length to maximise artistic production
  (though I think the number is a bit conveniently close to 14 years and
  would like to see multiple competing studies that show their working):
 
  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1436186
 
  The Economist also ran an editorial pushing 14 years:
 
  http://www.economist.com/node/1547223
 
  So, yeah, 14 year term is the meme.
 
 
  - d.
 
  ___
  Wikimedia-l mailing list
  Wikimedia-l@lists.wikimedia.org
  Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l



 --
 Samuel Klein  identi.ca:sj   w:user:sj  +1 617
 529 4266

 ___
 Wikimedia-l mailing list
 Wikimedia-l@lists.wikimedia.org
 Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l




-- 
Emilio J. Rodríguez-Posada. E-mail: emijrp AT gmail DOT com
Pre-doctoral student at the University of Cádiz (Spain)
Projects: AVBOT http://code.google.com/p/avbot/ |
StatMediaWikihttp://statmediawiki.forja.rediris.es
| WikiEvidens http://code.google.com/p/wikievidens/ |
WikiPapershttp://wikipapers.referata.com
| WikiTeam http://code.google.com/p/wikiteam/
Personal website: https://sites.google.com/site/emijrp/
___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread David Gerard
On 21 May 2012 20:30, Samuel Klein meta...@gmail.com wrote:

 14 years is a fine place to start.  Are there any existing campaigns
 pushing for it?  S.


Now that I'm looking, I can't find any campaigns as such!

I thought the Pirate Parties asked for 14 years, but I'm wrong: the
Swedish party says five years,[1] the Uppsala Declaration[2] suggests
local Pirate Parties can agree on a demanded term themselves.

Creative Commons offers the Founders' Copyright, 14 years:
https://creativecommons.org/%20projects/founderscopyright

O'Reilly is offering works under 14 yearsa all rights reserved, thence
CC-by: http://oreilly.com/pub/pr/1042


[1] http://www.piratpartiet.se/international/english
[2] http://www.piratpartiet.se/nyheter/european_pirate_platform_2009

- d.

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread Mike Linksvayer
On Mon, May 21, 2012 at 8:47 AM, Richard Symonds
richard.symo...@wikimedia.org.uk wrote:
 FWIW, I'd like to see things being released more freely internationally,
 irrespective of copyright. At present, I can either pirate the Colbert
 Report, or watch it through a proxy using a US netflix account which I pay
 for using a US bank account. It isn't shown anywhere in the UK.

Sure, this is happening slowly without any help from intellectual
freedom advocates. For example, the Hungarian paper I linked to
earlier noted a compression of cinematic release dates in different
geographies. There's a bit of an anticommons and plain old control
freakery slowing the change, but given that copyright holders are
leaving money on the table by not selling worldwide, it'll happen. The
more interesting questions are like ones like would Colbert Report
exist with a much shorter (c) term and greater exceptions?, ... with
no (c)?, ... if answer to either is no, is the Colbert Report worth
the reduced freedom and security and increased inequality required to
enforce whatever (c) deemed necessary for it to exist?


On Mon, May 21, 2012 at 10:59 AM, Samuel Klein meta...@gmail.com wrote:
 On Mon, May 21, 2012 at 11:35 AM, Mike Linksvayer m...@gondwanaland.com 
 wrote:
 0 years best, but I think some unauthorized sharing data could support
 a merely shorter term

 Mike - you mean you think all CC licenses should converge to CC0 immediately?

No, that wouldn't be effective. There are different answers for

a) public policy
b) opt-in commons, given (a)
c) individual/organization choices, given (a) and (b)

(Granted, not all arcs mapped in above graph!)

Above, I'm talking about (a). I think copyleft is an important part of
(b). Actually I think the pro-sharing regulatory goal of copyleft
ought be an important part of (a) as well, but I think that's best
understood as orthogonal to copyright.

 We should figure out a reasonable term for the sort of rights that are
 currently covered by 'copyright' and embed that term into all free
 culture licenses.  That includes all CC and FOSS licenses: all should
 explicitly term out before the ultralong default term.  In practice
 that might mean automatically switching to CC0 at the end of the
 shorter term.

Maybe. I don't think the need is pressing, understanding that (a) and
(b) can be considered separately and terming out complicates (b). Some
more on this at
http://lists.ibiblio.org/pipermail/cc-licenses/2011-December/006454.html

 I don't think the right term here is 0 years.  It is also not life
 + 70.  Perhaps 7 + 7.

This would be a huge improvement of course, but see below. I'm mildly
curious about how you arrive at perhaps 7+7, in the fullness of
time, perhaps on your blog. :)


On Mon, May 21, 2012 at 11:22 AM, David Gerard dger...@gmail.com wrote:
 I suggested 14 as a likely figure because that figure is already in
 common currency - as it was the term in the UK (Statute of Anne) and
 in the US (Copyright Act of 1790).

 And then Sage Ross turned up the recent study suggesting a 15-year
 term would be the correct length to maximise artistic production
 (though I think the number is a bit conveniently close to 14 years and
 would like to see multiple competing studies that show their working):

 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1436186

 The Economist also ran an editorial pushing 14 years:

 http://www.economist.com/node/1547223

 So, yeah, 14 year term is the meme.

Maximising artistic production is a terrible goal for policy. At the
very least civil liberty, equality, and security need to be considered
as well. If 15 years is indeed the correct length for maximising
artistic production, the correct length, considering more important
things, is much less. 14 years is indeed a meme and again would be a
vast improvement. But given 14 years or any other shortening is
totally infeasible in the near term, I'd prefer a bit more visionary
advocacy that resets the debate, again putting artistic production at
a far lower priority than freedom etc.

Mike

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread Todd Allen
On Mon, May 21, 2012 at 1:42 PM, David Gerard dger...@gmail.com wrote:
 On 21 May 2012 20:30, Samuel Klein meta...@gmail.com wrote:

 14 years is a fine place to start.  Are there any existing campaigns
 pushing for it?  S.


 Now that I'm looking, I can't find any campaigns as such!

 I thought the Pirate Parties asked for 14 years, but I'm wrong: the
 Swedish party says five years,[1] the Uppsala Declaration[2] suggests
 local Pirate Parties can agree on a demanded term themselves.

 Creative Commons offers the Founders' Copyright, 14 years:
 https://creativecommons.org/%20projects/founderscopyright

 O'Reilly is offering works under 14 yearsa all rights reserved, thence
 CC-by: http://oreilly.com/pub/pr/1042


 [1] http://www.piratpartiet.se/international/english
 [2] http://www.piratpartiet.se/nyheter/european_pirate_platform_2009

 - d.

 ___
 Wikimedia-l mailing list
 Wikimedia-l@lists.wikimedia.org
 Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l

The term of copyrights isn't even the only problem, though it probably
is the biggest one. Another issue is the switchover from requested to
automatic copyright. This means that even for works for which the
author doesn't care at all about the copyright, you'd still have to
either seek them out and ask permission, or take the chance. For
orphaned works, that's a major problem, since the user of an orphan
work may find someone coming out of the blue to sue him someday. For
orphaned works whose authorship is unknown, that's an even more
significant issue-if you don't know who wrote it, you don't even know
when the +70 starts, and so such works may remain unusable in
copyright limbo for far longer than they are actually in copyright.

If we're going to advocate for sane copyright law, I'd propose the following:

-Copyright must be for a reasonable term. 14 years would be the
outside maximum. It was pretty onerous to write, publish, and
distribute a work in the Founders' day compared to ours, so I'd say we
should probably have a shorter term, maybe 3+3 or 5+5. That would give
us a rich public domain with a lot of content that's still relevant to
the present day, while still allowing authors a reasonable exclusivity
period. The vast majority of works by 10 years have either made money
or never will, and we should write the law for normal cases, not edge
cases.
-To get the initial term of copyright, the author should be explicitly
required to put a clear copyright notice on the work (or, when
infeasible, otherwise clearly indicate that the content is copyrighted
and when the copyright began). Saying If you want it, you have to ask
for it is not exactly an onerous requirement.
-To get the extended protection period, a nominal per-work fee should
be charged. This would force large organizations, especially, to
carefully consider whether it's worth keeping a given work in
copyright for the extension period, or whether they'd rather have it
fall into the public domain early.
-Copyrights must be registered with the Library of Congress (or
similar national organization) within 90 days of first publication of
the copyrighted work. This process should be made as easily as
possible (probably online), but even as such, would discourage people
and organizations from indiscriminately slapping copyright on
everything, since they then have to register and keep track of it.
-No orphan works. If the author (or author's agent) cannot be
contacted at any of the contacts listed with the LoC or national
equivalent within 60 days of someone requesting permission trying to,
the copyright is forfeited and the work goes immediately and
irrevocably into the public domain.
-Clarify that when a work is copyrighted, its move into the public
domain is -fixed-, and that no future legislation can change the PD
date of existing works.
-Currently copyrighted work will gain protection for the maximum
possible term under the new law (6 or 10 years) from passage date of
the law, or the remainder of the existing copyright, whichever is
-shorter-. Work that would have fallen into the public domain but for
the passage of extension laws falls immediately to the public domain.

-- 
Freedom is the right to say that 2+2=4. From this all else follows.

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread Samuel Klein
I like the cc-licenses list thread you linked, Mike; thank you.  I
take it that thread didn't continue past December?

I agree generally with the points Greg London was making there:
http://lists.ibiblio.org/pipermail/cc-licenses/2011-December/006472.html

For me the central value in choosing a sane default may is unifying
the message about what term is sensible. We need to focus on a single
benchmark - without cutting off personal options for customization -
to avoid shed-painting.

On Mon, May 21, 2012 at 3:59 PM, Mike Linksvayer m...@gondwanaland.com wrote:
 Samuel Klein wrote:
 We should figure out a reasonable term for the sort of rights that are
 currently covered by 'copyright' and embed that term into all free
 culture licenses.  That includes all CC and FOSS licenses: all should
 explicitly term out before the ultralong default term.

 Maybe. I don't think the need is pressing, understanding that (a) and
 (b) can be considered separately and terming out complicates (b). Some
 more on this at
 http://lists.ibiblio.org/pipermail/cc-licenses/2011-December/006454.html

It sure seems pressing to me; we have a thriving free culture movement
at the moment, recent (c) extensions are still in memory and so
evidently ridiculous to the current generation, and we're not all
distracted by trivia like world wars or plagues or armageddon.  Why
wait?

Terming out should not complicate the opt-in commons.
* Set a standard that all recommended licenses become PD in at most N years.
* Define the PD-date of a derivative as the latest of its component sources.

 I don't think the right term here is 0 years.  Perhaps 7 + 7.

 This would be a huge improvement of course, but see below...

 given 14 years or any other shortening is totally infeasible
 in the near term, I'd prefer a bit more visionary advocacy
 that resets the debate, again putting artistic production
 at a far lower priority than freedom etc.

I also agree with Todd Allen that 5+5 or 3+3 might make sense too.
But we should pick a maximum in framing a campaign.

I disagree with your premise about above - we can do more than
'advocate': we can change ourselves.  CC is one of the most powerful
forces for copyright-license change on the planet, particularly among
the Internet residents who dominate production of creative works
today.  Wikimedia's license choice is copied by many others in the SA
commons.

I am talking about CC making sane the terms of the licenses it
promotes most heavily around the world.  And Wikimedia using those
sanitized licenses for its projects.  That is what we can do *right
now* to fix the unreasonable terms of the licenses we all use - and
encourage others to use - every day.

If we agree that N = 70+L is not sane, and some N = 14 is a sane
maximum, we can spend more time discussing how to make it happen.

Todd: I like many of your points; though I think the early success
will be in changing the norms of the opt-in commons, and of
sanity-friendly publishers, not changing national copyright laws.

Sam.

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l


Re: [Wikimedia-l] Study: Nobody cares about your copyright

2012-05-21 Thread Bjoern Hoehrmann
* David Gerard wrote:
So, is the time ripe yet for us to start pushing for a 14-year term,
or do we wait a bit? I suggest we start contemplating it, however.

You don't say who we are, but in case some people think the Wikimedia
Foundation should position itself on copyright matters much beyond
which licenses it is using and why, and which problems Wikipedia might
be facing due to various aspects of copyright, the likely result is,
This made a lot of people very angry and has been widely regarded as
a bad move especially if it comes as specific as the suggestion above.
-- 
Björn Höhrmann · mailto:bjo...@hoehrmann.de · http://bjoern.hoehrmann.de
Am Badedeich 7 · Telefon: +49(0)160/4415681 · http://www.bjoernsworld.de
25899 Dagebüll · PGP Pub. KeyID: 0xA4357E78 · http://www.websitedev.de/ 

___
Wikimedia-l mailing list
Wikimedia-l@lists.wikimedia.org
Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l