Post Creative Commons

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 (e.g. 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 (e.g. 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

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.

This work is licensed under aevery Creative Commons license

Friday, December 21st, 2012

♡ Copying is an act of love. Please copy and share. Contact for more permissions relating to This work is licensed under a Creative Commons license.

Creative Commons licenses on Flickr: unchanged rate of change in past 32 months?

Wednesday, December 12th, 2012

About 32 months ago I posted Creative Commons licenses on Flickr: many more images, slightly more freedom. Since then the rate of growth and change in license composition appears to have remained about the same. I haven’t looked past the graphs. You can download my updated spreadsheet. The old post has explanations and links to raw data.

I was reminded to look again by a mailing list discussion tangentially related to the ongoing development of version 4.0 CC licenses.

Future of culture & IP & beating of books in San Jose, Thursday

Tuesday, November 13th, 2012

I’m looking forward to this “in conversation” event with artist Stephanie Syjuco. The ZERO1 Garage is a neat space, and Syjuco’s installation, FREE TEXTS: An Open Source Reading Room, is just right.

For background on my part of the conversation, perhaps read my bit on the future of copyright and my interview with Lewis Hyde, author of at least one of the treated FREE TEXTS (in the title of this post “beating of books” is a play on “beating of bounds”; see the interview, one of my favorite posts ever to the Creative Commons blog).

One of the things that makes FREE TEXTS just right is that “IP” makes for a cornucopia of irony (Irony Ponies for all?), and one of the specialty fruits therein is literature extolling the commons and free expression and problematizing copyright … subject to unmitigated copyright and expensive in time and/or money to access, let alone modify.

Even when a text is in-theory offered under a public license, thus mitigating copyright (but note, it is rare for any such mitigation to be offered), access to a digital copy is often frustrated, and access to a conveniently modified copy, almost unknown. The probability of these problems occurring reaches near certainty if a remotely traditional publisher is involved.

Two recent examples that I’m second-hand familiar with (I made small contributions). All chapters of Wealth of the Commons (Levellers Press, 2012) with the exception of one are released under the CC-BY-SA license. But only a paper version of the book is now available. I understand that digital copies (presumably for sale and gratis) will be available sometime next year. Some chapters are now available as HTML pages, including mine. The German version of the book (Transcript, 2012), published earlier this year with a slightly different selection of essays, is all CC-BY-SA and available in whole as a PDF, and some chapters as HTML pages, again including mine (but if one were to nitpick, the accompanying photo under CC-BY-NC-SA is incongruous).

The Social Media Reader (New York University Press, 2012) consists mostly of chapters under free licenses (CC-BY and CC-BY-SA) and a couple under CC-BY-NC-SA, with the collection under the last. Apparently it is selling well for such a book, but digital copies are only available with select university affiliation. Fortunately someone uploaded a PDF copy to the Internet Archive, as the licenses permit.

In the long run, these can be just annoyances and make-work, at least to the extent the books consist of material under free licenses. Free-as-in-freedom does not have to mean free-as-in-price. Even without any copyright mitigation, it’s common for digital books to be made available in various places, as FREE TEXTS highlights. Under free licenses, it becomes feasible for people to openly collaborate to make improved, modifiable, annotatable versions available in various formats. This is currently done for select books at Wikibooks (educational, neutral point of view, not original research) and Wikisource (historically significant). I don’t know of a community for this sort of work on other classes of books, but I’d be happy to hear of such, and may eventually have to start doing it if not. Obvious candidate platforms include Mediawiki, Booktype, and source-repository-per-book.

You can register for the event (gratis) in order to help determine seating and refreshments. I expect the conversation to be considerably more wide ranging than the above might imply!

CODATA

Saturday, November 10th, 2012

Last week I attended CODATA 2012 in Taipei, the biannual conference of the Committee on Data for Science and Technology. I struggled a bit with deciding to go — I am not a “data scientist” nor a scientist and while I know a fair amount about some of the technical and policy issues for data management, specific application to science has never been my expertise, all away from my current focus, and I’m skeptical of travel.

I finally went in order to see through a session on mass collaboration data projects and policies that I developed with Tyng-Ruey Chuang and Shun-Ling Chen. A mere rationalization as they didn’t really need my presence, but I enjoyed the conference and trip anyway.

My favorite moments from the panel:

  • Mikel Maron said approximately “not only don’t silo your data, don’t silo your code” (see a corresponding bullet in his slides), a point woefully and consistently underestimated and ignored by “open” advocates.
  • Chen’s eloquent polemic closing with approximately “mass collaboration challenges not only â’¸ but distribution of power, authority, credibility”; I hope she publishes her talk content!

My slides from the panel (odp, pdf, slideshare) and from an open data workshop following the conference (odp, pdf, slideshare).

Tracey Lauriault summarized the mass collaboration panel (all of it, check out the parts I do not mention), including:

Mike Linksvayer, was provocative in stating that copyright makes us stupider and is stupid and that it should be abolished all together. I argued that for traditional knowledge where people are seriously marginalized and where TK is exploited, copyright might be the only way to protect themselves.

I’m pretty sure I only claimed that including copyright in one’s thinking about any topic, e.g., data policy, effectively makes one’s thinking about that topic more muddled and indeed stupid. I’ve posted about this before but consider a post enumerating the ways copyright makes people stupid individually and collectively forthcoming.

I didn’t say anything about abolishing copyright, but I’m happy for that conclusion to be drawn — I’d be even happier for the conclusion to be drawn that abolition is a moderate reform and boring (in no-brainer and non-interesting senses) among the possibilities for information and innovation policies — indeed, copyright has made society stupid about these broader issues. I sort of make these points in my future of copyright piece that Lauriault linked to, but will eventually address them directly.

Also, Traditional Knowledge, about which I’ve never posted unless you count my claim that malgovernance of the information commons is ancient, for example cult secrets (mentioned in first paragraph of previous link), though I didn’t have contemporary indigenous peoples in mind, and TK covers a wide range of issues. Indeed, my instinct is to divide these between issues where traditional communities are being excluded from their heritage (e.g., plant patents, institutionally-held data and items, perhaps copyrestricted cultural works building on traditional culture) and where they would like to have a collective right to exclude information from the global public domain.

The theme of CODATA 2012 was “Open Data and Information for a Changing Planet” and the closing plenary appropriately aimed to place the entire conference in that context, and question its impact and followup. That included the inevitable asking whether anyone would notice. At the beginning of the conference attendees were excitedly encouraged to tweet, and if I understood correctly, there were some conference staff to be dedicated to helping people tweet. As usual, I find this sort of exhortation and dedication of resources to social media scary. But what about journalists? How can we make the media care?

Fortunately for (future) CODATA and other science and data related events, there’s a great answer (usually there isn’t one), but one I didn’t hear mentioned at all outside of my own presentation: invite data journalists. They could learn a lot from other attendees, have a meta story about exactly the topic they’re passionate about, and an inside track on general interest data-driven stories developing from data-driven science in a variety of fields — for example the conference featured a number of sessions on disaster data. Usual CODATA science and policy attendees would probably also learn a lot about how to make their work interesting for data journalists, and thus be able to celebrate rather than whinge when talking about media. A start on that learning, and maybe ideas for people to invite might come from The Data Journalism Handbook (disclaimer: I contributed what I hope is the least relevant chapter in the whole book).

Someone asked how to move forward and David Carlson gave some conceptually simple and very good advice, paraphrased:

  • Adopt an open access data publishing policy at the inception of a project.
  • Invest in data staff — human resources are the limiting factor.
  • Start publishing and doing small experiments with data very early in a project’s life.

Someone also asked about “citizen science”, to which Carlson also had a good answer (added to by Jane Hunter and perhaps others), in sum roughly:

  • Community monitoring (data collection) may be a more accurate name for part of what people call citizen science;
  • but the community should be involved in many more aspects of some projects, up to governance;
  • don’t assume “citizen scientists” are non-scientists: often they’ll have scientific training, sometimes full-time scientists contributing to projects outside of work.

To bring this full circle (and very much aligned with the conference’s theme and Carlson’s first recommendation above) would have been consideration of scientist-as-citizen. Fortunately I had serendipitously titled my “open data workshop” presentation for the next day “Open data policy for scientists as citizens and for citizen science”.

Finally, “data citation” was another major topic of the conference, but semantic web/linked open data not explicitly mentioned much, as observed by someone in the plenary. I tend to agree, but may have missed the most relevant sessions, though they may have been my focus if I was actually working in the field. I did really enjoy happening to sit next to Curt Tilmes at a dinner, and catching up a bit on W3C Provenance (I’ve mentioned briefly before) of which he is a working group member.

I got to spend a little time outside the conference. I’d been to Taipei once before, but failed to notice its beautiful setting — surrounded and interspersed with steep and very green hills.

I visited National Palace Museum with Puneet Kishor. I know next to nothing about feng shui, but I was struck by what seemed to be an ultra-favorable setting (and made me think of feng shui, which I never have before in my life, without someone else bringing it up) taking advantage of some of the aforementioned hills. I think the more one knows about Chinese history the more one would get out of the museum, but for someone who loves maps, the map room alone is worth the visit.

It was also fun hanging out a bit with Christopher Adams and Sophie Chiang, catching up with Bob Chao and seeing the booming Mozilla Taiwan offices, and meeting Florence Ko, Lucien Lin, and Rock of Open Source Software Foundry and Emily from Creative Commons Taiwan.

Finally, thanks to Tyng-Ruey Chuang, one of the main CODATA 2012 local organizers, and instigator of our session and workshop. He is one of the people I most enjoyed working with while at Creative Commons (e.g., a panel from last year) and given some overlapping technology and policy interests, one of the people I could most see working with again.

Open Data nuance

Sunday, October 7th, 2012

I’m very mildly annoyed with some discussion of “open data”, in part where it is an amorphous thing for which expectations must be managed, value found and sustainable business models, perhaps marketplaces, invented, all with an abstract and tangential relationship to software, or “IT”.

All of this was evident at a recent Open Knowledge Foundation meetup at the Wikimedia Foundation offices — but perhaps only evident to me, and I do not really intend to criticize anyone there. Their projects are all great. Nonetheless, I think very general discussion about open data tends to be very suboptimal, even among experts. Perhaps this just means general discussion is suboptimal, except as an excuse for socializing. But I am more comfortable enumerating peeves than I am socializing:

  • “Open” and “data” should sometimes be considered separately. “Open” (as in anyone can use for any purpose, as opposed to facing possible legal threat from copyright, database, patent and other “owners”, even their own governments, and their enforcement apparatuses) is only an expensive policy choice if pursued at too low a level, where rational ignorance and a desire to maintain every form of control and conceivable revenue stream rule. Regardless of “open” policy, or lack thereof, any particular dataset might be worthwhile, or not. But this is the most minor of my annoyances. It is even counterproductive to consider, most of the time — due to the expense of overcoming rational ignorance about “open” policy, and of evaluating any particular dataset, it probably makes a lot of sense to bundle “open data” and agitate for as much data to be made available under as good of practices as possible, and manage expectations when necessary.
  • To minimize the need to make expensive evaluations and compromises, open data needs to be cheap, preferably a side-effect of business as usual. Cheapness requires automation requires software requires open source software, otherwise “open data” institutions are themselves not transparent, are hostage to “enterprise software” companies, and are severely constrained in their ability to help each other, and to be helped by their publics. I don’t think an agitation approach is optimal (I recently attended an OpenOakland meeting, and one of the leaders said something like “we don’t hate proprietary software, but we do love open source”, which seems reasonable) but I am annoyed nevertheless by the lack of priority and acknowledgement given to software by “open data” (and even moreso, open access/content/education/etc) folk in general, strategic discussions (but, in action the Open Knowledge Foundation is better, having hatched valuable open source projects needed for open data). Computation rules all!
  • A “data marketplace” should not be the first suggestion, or even metaphor, for how to realize value from open data — especially not in the offices of the Wikimedia Foundation. Instead, mass collaboration.
  • Open data is neither necessary nor sufficient for better governance. Human institutions (inclusive of “public”, “private”, or any other categorization you like) have been well governed and atrociously governed throughout recorded history. Open data is just another mechanism that in some cases might make a bit of a difference. Another tool. But speaking of managing expectations, one should expect and demand good governance, or at least less atrocity, from our institutions, completely independent of open data!

“Nuance” is a vague joke in lieu of a useful title.

Wikitravels

Monday, September 10th, 2012

The morbidity of Wikitravel (owned by Internet Brands) and possible consolidation of ex-Wikitravel communities in a new Wikimedia project (I support the latter and have no opinion on squabbles somewhere in between) makes this a good time to revisit themes of three old blog posts.

In 2004 I wrote about copying text across World66 and Wikitravel, two then-independent sites, quasi-wiki and wiki respectively, under then-compatible licenses. I already gave this post its 8 year refutation, noting that I didn’t fully comply with the licenses and people don’t care about licenses anyway.

If people did care, it would be worth noting that the two are no longer under compatible licenses. World66 has stayed at Attribution-ShareAlike 1.0 which had overlooked compatibility with future versions, while Wikitravel migrated to Attribution-ShareAlike 3.0 (a process I cheered) Curiously the Wikitravel license upgrade page claims World66 used Attribution-ShareAlike 2.0, which was never the case. The morbidity of World66 (another data point: I seem to have made the last edit to the World66 article on Austin, in 2004) since and maybe prior to its Internet Brands acquisition perhaps says something about IB management, but first, the acquisition.

World66 and Wikitravel were both announced to have been acquired by IB in 2006 (document below says the acquisition happened in 2005). I don’t know that the terms for either were disclosed, despite a joking request to add them to a wiki page. But now one figure is included in an IB legal document (backstory on that document): $1.7m for Wikitravel.

Later in 2006 I claimed that community is the new IP (yes I hate the term IP when expanded to “Intellectual Property” too, but I didn’t expand it; in any case I meant that a community and its location/identifier is a barrier to competitive entrants, which is also one effect of copyright, patent, trademark, etc.) and cited the acquisitions of Wikitravel and YouTube (for almost 1000x as much — that is not to denigrate Wikitravel — $1.7m may be wholly uninteresting to venture investors, but sounds very nice for what I imagine required very little capital other than sweat). The idea that a large community, or “community”, or loyal userbase, or at least lots of users that would find it difficult to move, is valuable, has been shown many times subsequently (e.g., Facebook and Twitter valuations) and isn’t even interesting. My ulterior motive in claiming that “community is the new IP” was to say that copyright in particular is irrelevant for web startups and that as such these should allow users to contribute such that all have equal rights. Well, copyright probably is mostly irrelevant (consider Twitter and Facebook; though a few people have gotten worked up over whether one could “copyright a tweet”, legal risk from copying tweets must be far down any list of Twitter lock-in mechanisms; same for Facebook, even moreso, as much of the stuff people visit that site for is never public, and use of many of the photos would run into personality/privacy/publicity rights even if copyright did not exist), but so it would seem are equal copyright permissions for users — precious few startups have offered such and I don’t know of any that are huge successes.

Wikitravel co-founder Evan Prodromou’s current StatusNet is one of those, but that’s another story which I hope will be huge one day. Pre-StatusNet, Prodromou was working on additional commercial wikis, and in 2007 I was impressed with his guidelines for such. From a business perspective community may be an excludable resource, but like any advantage a business might have, it can be squandered. I’d love it if someone more knowledgeable about IB and Wikitravel over the past few years could say whether Prodromou’s guidelines capture what IB hasn’t done right — and whether the guidelines could be usefully amended and expanded based on several more years of commercial wikis, not only those run by IB.

IB’s current troubles with Wikitravel will probably serve as a minor negative case for future statups, but in which sense? To avoid free licensing altogether, in order to make it more difficult for users to leave in the event of your mismanagement? Or to follow something like Prodromou’s guidelines in spirit and practice for a healthy, happy community and long-term business success? And will a more substantial proportion of users ever care?

All of the above aside, I still find Wikitravel one of the ever better stories for free public licenses, the travel guide materials having now been hosted by a small startup, acquired by IB, forked to community sites (Wikivoyage), small bits copied into Wikipedia articles, and perhaps soon, some form of mass copying into a new Wikimedia-hosted travel project, all with no copyright barriers.

Finally, it has been noted that with volunteer administrators gone, Wikitravel is being buried in spam. This (and general frustration with spam on small wikis and nearby over the years) is what prompted me last week to microblog that archeologists of the future will dig through layers of spam as contemporary ones dig through layers of dirt. 10 years (did anyone note it?) must be far beyond the half-life of websites.

Free as in Software Freedom Law Shows

Wednesday, July 18th, 2012

In the latest Free as in Freedom podcast Karen Sandler and Bradley Kuhn play a recording of and discuss my FOSDEM law&policy presentation from back in February. The podcast covered all but one FOSDEM law&policy talk, see the archives.

I’m very happy with how this episode turned out. I managed to at least briefly include more points in a half hour than I recall having done, and Sandler and Kuhn manage to discuss far more of them than I would’ve hoped. Listen (ogg, mp3) and refer to slides (pdf, odp).

Further notes on two issues mentioned in the discussion follow.

Equality and Freedom

I’m glad that Sandler mentioned free software’s great equality story. But, I should say what I mean by that. I don’t primarily mean equal access, though that’s important. I mean contributing to reducing inequality of income, wealth, power. I’ve done precious little to articulate this, and I don’t know anyone else who has either, but there’s a reason it is the very first of my suggested considerations for future policy. Similarly, I think free software’s grand freedom story is not the proximate freedoms to run, study, modify, share software, but their role in protecting and promoting a free society. Again, much more needs to be said, provocatively (and that, critiqued, etc). Software freedom and nearby ought be claiming space in the commanding heights of political dialogue.

Hardware design licensing

I’m glad that Kuhn stated that he sees no reason for not using GPLv3 for hardware designs, and scoffs (privately, I suppose) at people making up new licenses for the same. As far as I know there are two papers that try to make the case for new hardware design licenses, and as far as I can tell they both fail. But, as far as I know no FLOSS establishment institution has proclaimed the correctness of using GPLv3 or a compatible license for hardware designs, nor explained why, nor reached out to open hardware folk when discussing new such licenses. How can this change? Perhaps such people should be alerted to copyleft-next. Perhaps I should be happy that hardware has been long ignored; one can imagine a universe with an equally twisted late 1990s vintage GNU FHL to accompany the GNU FDL.

Joke background

CC0, passports, and (a related one from Asheesh Laroia is told on the show) credit cards.

In 2009 Sandler and Kuhn interviewed me for the previous podcast, the Software Freedom Law Show. I did not blog about it then, but much of the discussion is probably still pertinent, if you wish to listen.