Creative Commons

Economics and The Wealth of the Commons Conference

Thursday, May 9th, 2013

The Wealth of the Commons: A world beyond market & state is finally available online in its entirety.

I’ll post a review in the fullness of time, but for now I recommend reading the 73 essays in the book (mine is not the essay I’d contribute today, but think it useful anyway) not primarily as critiques of market, state, their combination, or economics — it’s very difficult to say anything new concerning these dominant institutions. Instead read the essays as meditations, explorations, and provocations for expanding the spaces in human society — across a huge range of activity — which are ruled not via exclusivity (of property or state control) but are nonetheless governed to the extent needed to prevent depredation.

The benefits of moving to commons regimes might be characterized any number of ways, e.g., reducing transaction costs, decreasing alienation and rent seeking, increasing autonomy and solidarity. Although a nobel prize in economics has been awarded for research on certain kinds of commons, my feeling is that the class is severely under-characterized and under-valued by social scientists, and thus by almost everyone else. At the extreme we might consider all of civilization and nature as commons upon which our seemingly dominant institutions are merely froth.

Another thing to keep in mind when reading the book’s diverse essays is that the commons “paradigm” is pluralistic. I wonder the extent to which reform of any institution, dominant or otherwise, away from capture and enclosure, toward the benefit and participation of all its constituents, might be characterized as commoning?

Whatever the scope of commoning, we don’t know how to do it very well. How to provision and govern resources, even knowledge, without exclusivity and control, can boggle the mind. I suspect there is tremendous room to increase the freedom and equality of all humans through learning-by-doing (and researching) more activities in a commons-orientated way. One might say our lack of knowledge about the commons is a tragedy.

Later this month the Economics and the Commons Conference, organized by Wealth of the Commons editors David Bollier and Silke Helfrich, with Michel Bauwens, will bring together 240 researchers, practitioners, and advocates deeply enmeshed in various commons efforts. There will be overlapping streams on nature, work, money, infrastructure, and the one I’m coordinator for, knowledge.

I agreed to coordinate the stream because I found exchanges with Bollier and Helfrich stimulating (concerning my book essay, a panel on the problematic relationship of Creative Commons and commons, and subsequently), and because I’m eager to consider knowledge commoning (e.g., free software, culture, open access, copyright reform) outside of their usual venues and endlessly repeated debates, and because I feel that knowledge commons movements have failed dismally to communicate their pertinence to each other and with the rest of the world — thus I welcome the challenge and test case to communicate the pertinence of all knowledge commons movements to other self-described commoners — and finally, to learn from them.

Here are the key themes I hope we can explore in the stream:

  • All commons as knowledge commons, e.g., the shared knowledge necessary to do anything in a commons-oriented way, easily forgotten once exclusivity and control take hold.
  • Knowledge enclosure and commoning throughout history, pre-dating copyright and patent, let alone computers.
  • How to think about and collaborate with contemporary knowledge commoners outside of the contractually constructed and legal reform paradigms, eg transparency and filesharing activists.
  • How can we characterize the value of knowledge commons in ways that can be critiqued and thus are possibly convincing? What would a knowledge commons research agenda look like?
  • If we accept moving the provisioning of almost all knowledge to the commons as an achievable and necessary goal, what strategies and controversies of existing knowledge commons movements (tuned to react against burgeoning enclosure and make incremental progress, while mostly accepting the dominant “intellectual property” discourse) might be reconsidered?

This may appear vastly too much material to cover in approximately 5 hours of dedicated stream sessions, but the methodology consists of brief interventions and debates, not long presentations, and the goal is provocation of new, more commons-oriented, and more cross-cutting strategies and collaborations among knowledge commoners and others, not firm conclusions.

I aim for plenty of stream documentation and followup, but to start the public conversation (the conference has not been publicized thus far due to a hard limit on attendees; now those are settled) by asking each of the “knowledge commoner” participants to recommend a resource (article, blog post, presentation, book, website…) that will inform the conversation on one or more of the themes above. Suggestions are welcome from everyone, attending or not; leave a comment or add to the wiki. Critiques of any of the above also wanted!

List of Wikimania 2013 Submissions of Interest

Saturday, May 4th, 2013

Unlikely I’ll attend Wikimania 2013 in Hong Kong (I did last year in DC). In lieu of marking myself as an interested attendee of proposed sessions, my list of 32 particularly interesting-to-me proposals follows. I chose by opening the proposal page for each of the 331 submissions that looked interesting at first glance (about 50) and weeded out some of those.

I suspect many of these proposals might be interesting reading for anyone generally curious about possible futures of Wikipedia and related, similar, and complementary projects, but not following any of these things closely.

A “kill hollyweb” plan

Friday, May 3rd, 2013
May 3 is the Day Against DRM (Digital Restrictions Management). Please sign the petition against DRM in the HTML5 standard. Then come back and read this post.

Recently I wrote in Why DRM in HTML5 and what to do about it:

Long term, the only way the DRM threat is going to be put to rest is for free cultural works to become culturally relevant.

I’ve complained many a time that rearguard clicktivism against bad policy is not a winning strategy — especially when such campaigns don’t also promote free-as-in-freedom software and cultural works — because as I put it one of those times:

In a world in which most software and culture are free as in freedom there would be no constituency for attacking the Internet (apart from dictatorships and militarized law enforcement of supposed democracies)

But I’m at fault too for not laying out a specific plan for making some free works culturally relevant, let alone carrying out such a plan.

OK, here’s one plan I recently mentioned offhandedly:

‘free-as-in-freedom ~netflix’
  • crowdfund minimum number of subscriptions needed to begin
  • subscriptions used to really nicely package/stream and promote free as in freedom video
  • start with 1 feature-length video selection each month (perhaps even quarter during a beta phase)
  • mix of contemporary (of which there isn’t much yet) and older public domain movies
  • limited, promoted releases concentrate subscription audience: focused increase of cultural relevance, one work at a time
  • given enough subscriptions, start funding new free videos
  • obviously videos would be DRM-free, in free formats, all software used free software, and all ancillary material also free-as-in-freedom

Good idea? Run with it, or if you’d like to subscribe or otherwise help create it in any way, fill out this 3 question survey. Bad idea, but still care? Let me know via the survey. Or mail ml@gondwanaland.com or contact user mlinksva on some other usual channel.



“Kill Hollyweb” is in part a reference to the Y Combinator Request For Startups 9: Kill Hollywood. The plan above isn’t really a Kill Hollywood plan as it isn’t about replacing movies with some other form of entertainment.

Non-auditable accounting software

Wednesday, May 1st, 2013

Software Freedom Conservancy has a plan to help all non-profit organizations (NPOs) by creating an Open Source and Free Software accounting system usable by non-technical bookkeepers, accountants, and non-profit managers. You can help us do it by donating now.

To keep their books and produce annual government filings, most NPOs rely on proprietary software, paying exorbitant licensing fees. This is fundamentally at cross purposes with their underlying missions of charity, equality, democracy, and sharing.

You can help Conservancy fix this problem by . We seek to
raise $75,000 to employ a developer for one year to make substantial progress on this project.

This project has the potential to save the non-profit sector millions in licensing fees every year. Even non-profits that continue to use proprietary accounting software will benefit, since the existence of quality Open Source and Free Software for a particular task curtails predatory behavior by proprietary software companies, and creates a new standard of comparison.

But, more powerfully, this project’s realization will increase the agility and collaborative potential for the non-profit sector — a boon to funders, boards, and employees — bringing the Free Software and general NPO communities into closer collaboration and understanding.

I contributed to the above blurb (and would love to hear critiques of the broad claims therein about free software and non-profit missions), but not to my favorite part of the plan: phase 0, in which existing free software accounting software will be evaluated, with expert input from non-profit organizations currently using various packages, in order to choose a base for further development. How many funding campaigns propose to build something without any understanding of what already exists? Almost all as far as I can tell, and almost always a suboptimal move, is my hunch.

This move is in line with one way of looking at Software Freedom Conservancy’s role: to save free software projects from the suboptimality of another kind of NIH — starting an independent non-profit organization — projects (about 30 so far, git probably the best known) join Software Freedom Conservancy, which takes care of administration such as accounting and provides other services.

I’m generally impressed by Software Freedom Conservancy’s work (read the annual report, pretty and informative) and have served on its project evaluation committee (i.e., intake; applying to join Software Freedom Conservancy is a good motivator to get a lot of best practices in place) for about a year and joined its board the beginning of this year, recently announced.

Please donate to the campaign to improve free software accounting for non-profits. In a past role as non-profit manager at Creative Commons, I absolutely hated the internal non-transparency and dependency of our accountants using a proprietary accounting package tied to a particular Windows server. Doing anything about it was nowhere near the top of my list of things I would’ve or could’ve done given more time or hindsight, but I would’ve been really, really happy if someone else had fixed it, much like I was really happy that CiviCRM became a viable free software customer/donor/constituent/funder relationship management system at the right time for us to scrap a very simple in-house system and not become locked into one of the awful proprietary packages (not soon enough to avoid listening to sales pitches in which the salespeople blatantly lied about implementation costs and product capabilities). Now is the time for someone else to take care of the accounting situation — please help by donating — as I just did.

Oh, and even if you don’t care about non-profits at all, I’m pretty confident that this project will help free software accounting in general, and help is badly needed — LWN’s series on the subject last year is gripping reading. Seriously, it is ridiculous that such fundamental infrastructure for running organizations of all kinds and thus society is itself non-auditable.

Best Creative Commons infographic ever

Tuesday, April 16th, 2013

Best Creative Commons inforaphic ever

By Falkvinge on Infopolicy columnist Zacqary Adam Green (also creator of the excellent Your Face Is A Saxophone cartoon).

Already used in my presentation today at the Linux Collaboration Summit, (pdf, odp, slideshare).

Realize Document Freedom Day

Wednesday, March 27th, 2013

Open formats and open standards are excellent causes, but without free/open source software implementations and widespread adoption thereof, the causes are uphill battles, at best. So I’m appalled that the Document Freedom Day (which is today, March 27) website information and suggested actions are merely conceptual.

Let’s fix that, here’s the deal. Download, try, become an expert:

LibreOffice. If in 2013 you’re still using Microsoft Office, you’re either in an organization/industry with extreme lock-in through custom business automation or similar that is built exclusively on Microsoft tools, or you’re actively contributing to the destruction of freedom and equality in the world. If you’ve never tried LibreOffice, or if you’ve tried one of its predecessors (OpenOffice) more than a year ago, try LibreOffice (again) now. It’s excellent, including at reading and writing non-free document formats, a necessity for adoption. But most of the value in software is not inherent, rather in many people using and knowing the software. Network effects rule, and you can make a huge difference! If you can’t be bothered, make up for it with a large donation to The Document Foundation, LibreOffice’s nonprofit organization.

As the DFD website explains, document freedom isn’t just about word processor and spreadsheet documents, or even just about storage formats, but any format used to store or transmit data. Thus I put Jitsi as the second most important application to use in order to realize document freedom. It implements open standards such as XMPP and SIP to provide all of the functionality of Skype, which is completely proprietary in its formats and implementation, willing to work with oppressive governments, and increasingly castigated as bloatware or even malware by people who don’t care much about freedom. Jitsi recently released 2.0. If in the unlikely event you’ve tried it before, it’s definitely worth another look.

Probably everyone knows about Firefox, but not everyone uses it, and it does have the best support for open formats of the top browsers. Also, Firefox has progressed very nicely the last years.

Praise for Document Freedom Day

DFD has missed an opportunity to promote the realization of document freedom, but that would be good in addition to, not in place of their existing messages. Direct use of free software that implements open standards is incredibly powerful, but not the only way to make progress, and despite my mini-rant above The free software movement attaches too much political significance to personal practice. People should demand their governments and other institutions adopt open standards and free software, even if people cannot do so as individuals, just as people should generally demand adoption of good policy even if they cannot personally live wholly as if good policy were already in place.

DFD does a reasonable job of raising awareness of good policy. I strongly encourage doing a bit to realize document freedom today, but sharing a link to documentfreedom.org on your social networks helps too. Just a little bit, but what can you expect from clicktivism?

I expect pro-free/open clicktivism to promote the realization of freedom!

I have similar complaints about Defective By Design campaigns. Speaking of which, their No DRM in HTML5 campaign is highly pertinent to DFD!

Putatively “open” advocates and organizations sending around .docx files and such, above mini-rant applies especially to you.

April (a French free software organization) has some nice posters explaining open formats.

Free Bassel, with apologies but no caveats

Thursday, March 14th, 2013

Agile. Secure. Fast. Free Bassel.Since March 15 a year ago free software developer and colleague Bassel Khartibil has been imprisoned in Syria. The #FREEBASSEL campaign says “We will not stop campaigning for him until we see him as a free global citizen once again.”

Sign a petition on freebassel.org and participate in events (eg, one in SF) and take other action especially on March 15, Free Bassel Day.

As an American, I am somewhat uncomfortable calling for the Syrian regime to do anything, without at a minimum apologizing for the terror the American regime has for decades unleashed on the region, and continues to do so. I apologize, vow to redouble my efforts to stop my jurisdiction’s murdering and torturing ways, to obtain justice for all who bring such to light, call on all to do the same … and demand freedom for Bassel Khartibil.

As a global citizen, I demand to see Bassel Khartibil as a free global citizen once again. FREEBASSEL!

Open Knowledge Foundation

Wednesday, February 13th, 2013

I used to privately poke fun at the Open Knowledge Foundation for what seemed like a never-ending stream of half-baked projects (and domains, websites, lists, etc). I was wrong.

(I have also criticized OKF’s creation of a database-specific copyleft license, but recognize its existence is mostly Creative Commons’ fault, just as I criticize some of Creative Commons’ licenses but recognize that their existence is mostly due to a lack of vision on the part of free software activists.)

Some of those projects have become truly impressive (eg the Public Domain Review and CKAN, the latter being a “data portal” deployed by numerous governments in direct competition with proprietary “solutions”; hopefully my local government will eventually adopt the instance OpenOakland has set up). Some projects once deemed important seem relatively stagnant, but were way ahead of their time, if only because the non-software free/open universe painfully lags software (eg, KnowledgeForge). I haven’t kept track of most OKF projects, but whichever ones haven’t succeeded wildly don’t seem to have caused overall problems.

Also, in the past couple years, OKF has sprouted local groups around the world.

Why has the OKF succeeded, despite what seemed to me for a time chaotic behavior?

  • It knows what it is doing. Not necessarily in terms of having a solid plan for every project it starts, but in the more fundamental sense of knowing what it is trying to accomplish, grounded by its own definition of what open knowledge is (unsurprisingly it is derived from the Open Source Definition). I’ve been on the advisory council for that definition for most of its existence, and this year I’m its chair. I wrote a post for the OKF blog today reiterating the foundational nature of the definition and its importance to the success of OKF and the many “open” movements in various fields.
  • It has been a lean organization, structured to be able to easily expand and contract in terms of paid workers, allowing it to pursue on-mission projects rather than be dominated by permanent institutional fundraising.
  • It seems to have mostly brought already committed open activists/doers into the organization and its projects.
  • The network (eg local groups) seems to have grown fairly organically, rather than from a top-down vision to create an umbrella that all would attach themselves toview with great skepticism.

OKF is far from perfect (in particular I think it is too detached from free/open source software, to the detriment of open data and reducing my confidence it will continue to say on a fully Open course — through action and recruitment — one of their more ironic practices at this moment is the Google map at the top of their local groups page [Update: already fixed, see comments]). But it is an excellent organization, at this point probably the single best connection to all things Open, irrespective of field or geography.

Check them out online, join or start a local group, and if you’re interested in the minutiae of of whether particular licenses for intended-to-be-open culture/data/education/government/research works are actually open, help me out with OKF’s OpenDefinition.org project.

Public Domains Day

Tuesday, January 1st, 2013

Points 1-4 of my year-ago post, Which counterfactual public domain day? hold up well, but number 5 could be improved: it concerns optimal copyright term, which is a rather narrow issue, and viewed from an unhealthy side.

Instead, consider that in common language, and presumably to most people, “in the public domain” means something like “revealed to the public” or “not secret”, as the first definition currently presented by Google reflects:

pub·lic do·main
noun
public domains, plural

  1. The state of belonging or being available to the public as a whole
  2. Not subject to copyright
    the photograph had been in the public domain for 15 years
    public-domain software

  3. Public land
    a grazing permit on public domain

It’s not clear how Google’s computers selected those definitions, but they did a good job: “intellectual property” focused definitions seem to have largely crowded out the common usage in written down definitions.

The common “available to the public as a whole” understanding reflects why I have been more recently careful to stress that copyright policy is a small part of information policy and that reducing copyright restrictions (anti-sharing regulation), all the way to abolition, are in this broader context moderate reforms — more thoroughgoing reform would have to consider pro-sharing regulation (as I’ve said many times, broadly construed; choose the mechanisms that fit your ideological commitments) — requiring information revelation, eg of computer program source code.

People curating and promoting works not subject to copyrestriction, information preservationists, leakers, transparency activists, and many others provide various sorts of pro-public-domain regulation. But I especially want to recognize enforcers of copyleft regulation as benefiting (though problematically) the commonly understood public domain, and in the most important field (computation is suffusing everything, security through obscurity isn’t, etc).

Happy Public Domains Day. I offer a cornucopia of vague jokes, indeed.

Novel legalistic © education: Right to Culture

Monday, December 24th, 2012

Collage based on Social Campaign: The Right to Culture CC-BY-SA

What passes for copyright education aimed at the general public (caveat: aiming to educate about copyright out of context of broader info- and social-policy is misguided, but I’ll leave that be for now, and the campaign described fortunately doesn’t mention copyright) might be categorized along the following:

  • Legalistic (explaining what can or can’t be done within current law) and/or normative
  • Blunt (e.g., downloading is a crime, copying isn’t theft) and/or turgid (e.g., how to comply with the DMCA, what maybe fair use, how public copyright licenses work)
  • Tilted in favor of more or less restriction

It’s easy to think of examples of examples of all of the resulting combinations, except for one: legalistic, blunt, and favoring less restriction. The nearest I can recall were the EFF “MP3 is not a crime” and “coding is not a crime” stickers, but it is hard to know what to take from those without knowing background stories (and I can’t recall what the MP3 one referred to), and “not a crime” is not very positive. Thus I find the Modern Poland Foundation’s Right to Culture campaign interesting (emphasis added):

The Modern Poland Foundation has launched a social campaign ‘The Right to Culture’. Its main goal is to enhance public awareness of freedoms under the copyright law.

The message is carried by three simple statements which are consistent with the copyright law, but often wrongly seen as a violation:

I have the right to copy books.
I have the right to download films.
I have the right to share music.

The three sentences – in speech bubbles – have been placed on the Warsaw subway cars’ windows. They also point to the project website prawokultury.pl, where one can find detailed information explaining legal provisions of the Copyright Law in Poland.

Art. 23 of the Copyright Law states that one is “permitted to use free of charge the work, which has been already disseminated for purposes of private use without the permission of the author.” This includes “the use of single copies of the work by a group of persons staying in a personal interrelation with each other, including in particular blood relation, kinship or a social relationship.” This means that restrictions concerning everyday activities such as copying books or e-books, downloading films or sharing music or files are not unconditional. Therefore, it is legal to make a copy of a book, download a film from the Internet or send a music album to a friend.

Go to the announcement for links and more.

Perhaps similarly legalistic, blunt, and favoring less restriction campaigns should be considered for your jurisdiction.