Post Intellectual Protectionism

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.

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.

Diocese of Springfield, Illinois ©ensors criticism of its Bishop Paprocki

Sunday, October 7th, 2012

I recognize the rhetorical value of pointing out that copyright can be used for unambiguous censorship but I try to avoid doing so myself: “can be used for” downplays “is”. But the following is too good to let pass.

Bishop Paprocki: Voting Dem...This video is no longer available due to a copyright claim by Diocese of Springfield in Illinois.

Paprocki made a video sermon in which he says that voting Democrat puts one’s soul at risk, while disclaiming telling anyone how to vote.

Brian Tashman posted a criticism of Paprocki’s video, including (I surmise [Update: I was probably wrong; looking at the post again, I’m changing my guess to verbatim excerpt]) a video of himself on video criticizing Paprocki’s statements, including relevant excerpts of Paprocki’s video. I found Tashman’s post and video via a post titled This Week in God, where I noticed the embedded YouTube video frame said:

Bishop Paprocki: Voting Dem…This video is no longer available due to a copyright claim by Diocese of Springfield in Illinois.

I’m going to guess that Tashman’s use of the Paprocki video sermon was very clearly fair use. But even if the entire video was included verbatim, it’d be a zero diff parody. If you want to watch that, the original is linked above, and excerpted and uncut-with-but-grainy-with-additional-watermark versions posted by Paprocki fans remain on YouTube.

I don’t see how Paprocki’s statements could be electioneering, as nobody believes in eternal salvation or damnation, right? In case I’m wrong, some are using the opportunity to call for revoking the Diocese of Springfield’s tax extempt status.

(I grew up in Springfield, Illinois and heard they were getting a curious Catholic bishop last year, one who promotes exorcisms and says that sex abuse lawsuits are the work of the devil — not sex abuse, but lawsuits intended to redress the abuse. That’s Paprocki. But I’m not poking fun of Springfield. Salvatore Cordileone was recently promoted from Oakland bishop to San Francisco archbishop, shortly after demonstrating that the blood of Christ does intoxicate and can result in a DUI. Furthermore, I empathize with Paprocki. If I believed abortion were mass murder and homosexuality an abomination, I would feel compelled to risk mere tax benefits in order to tell people to vote against candidates who I perceived as being for murder and abomination. Indeed, I must tell you to not vote for Romney or Obama, as they both favor mass murder and abomination performed by the U.S. security state: murder, murder, murder, torture, and mass incarceration. But I’m rooting for Obama, as I suspect he favors a little less torture.)

Opus!

Tuesday, September 11th, 2012

Opus is now an open source, royalty-free IETF standard. See Mozilla and Xiph announcements and congratulations to all involved.

This is a pretty big deal. It seems that Opus is superior to all existing audio codecs in quality and latency for any given bitrate. I will guess that for some large number of years it will be the no-brainer audio codec to use in any embedded application.

Will it replace the ancient (almost ancient enough for relevant patents to expire) but ubiquitous MP3 for non-embedded uses (i.e., where users can interact with files via multiple applications, such as on-disk music libraries)? If I were betting I’d have to bet no, but surely long-term it has a better chance than any free audio codec since Vorbis in the late 1990s. Vorbis never gained wide use outside some classes of embedded applications and free software advocates, but it surely played a big role in suppressing licensing demands from MP3 patent holders. Opus puts a stake through the heart of future audio codec licensing demands, unless some other monopoly can be leveraged (by Apple) to make another codec competitive.

Also, Opus is a great brand. Which doesn’t include an exclamation point. The title of this post merely expresses excitement.

I published an Opus-encoded file July 30. Firefox ≥15 supports Opus, which meant beta at the time, and now means general release.

To publish your own Opus encoded audio files, use opus-tools for encoding, and add a line like the below to your web server’s .htaccess file (or equivalent configuration):

AddType audio/ogg .opus

Hopefully the obvious large community sites (Wikimedia Commons and Internet Archive) will accept and support Opus uploads as soon as possible. Unlike their slow action on WebM. Speaking of which the Mozilla announcement mentions “working on the same thing for video”. I can’t tell whether this means submitting WebM (probably more specifically the VP8 codec) to the IETF or something else, but good luck and thank you in all cases. [Update: The proposed video codec charter starts from some requirements not mentioning any particular code; my wholly uniformed wild guess is that it will be another venue for VP8 and H.264 camps to argue.] [Update 20120913: Or maybe “same thing for video” means Daala.] [Update 20120914: Greg Maxwell comments with a precise answer below.]

Copyright mitigation, not balance

Monday, September 10th, 2012

EU Commission VP Neelie Kroes gave a speech on copyright reform that while surely among the best on the subject from a high level politician (Techdirt coverage) is fundamentally broken.

Kroes argues that a lot has changed in the last 14 years about how information is consumed, distributed, produced, and used in research and that copyright needs to adapt to these changes. If that argument eventually obtains significant mitigation of copyright, great, but it’s mostly wrong, and I suspect questions far too little and gives away way too much to all invested in the current regime. For example:

And now let’s remind ourselves what our objectives as policymakers should be for the creative sector.

We should help artists live from their art. Stimulate creativity and innovation. Improve consumer choice. Promote our cultural heritage. And help the sector drive economic growth.

We can’t look at copyright in isolation: you have to look at how it fits into the real world. So let’s ask ourselves: how well is the current system achieving those objectives, in the world we live in today?

What about freedom? Equality?

Regarding new technologies in the last 14 years, there have been some (and Kroes was not so bold as to even hint at Napster and successors, nor broad offenses against these and the web), but those are not at all what makes copyright mitigation interesting, except down in the weeds of how specific regulations interact with specific technologies and practices — the view of the universe from the vantage of administrators and agitators of the current regime — understandably, as this is where most day to day battles are fought.

Instead, mitigation of anti-commons information policy is interesting and desirable, and has been especially pertinent at various times (eg 1800s) throughout human history, because free speech is always desirable and under threat by the embarrassments of control, corruption, and rent seeking. These are not qualities to be “balanced”, but diseases to be mitigated as much and for as long as possible.

The objectives Kroes says policymakers should have are fine, if secondary. Copyright (and patents, and sadly more) simply should not be seen as relevant to any of them, except as a barrier to be mitigated, not balanced nor adapted.

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.

For the accumulated knowledge of the human race to become the common property of every person

Thursday, July 19th, 2012

Last week Wikimania included a reception in an impressive hall at the Library of Congress. But far more impressive than the hall was the Gutenberg Bible on display, apparently one of a few complete vellum copies, and one of a few dozen known copies of any sort. I don’t recall ever feeling stunned to be in the presence of an artifact before.

After standing before the display case speechless for a bit, I read some explanatory text nearby:

Gutenberg’s invention of the mechanical printing press made it possible for the accumulated knowledge of the human race to become the common property of every person who knew how to read—an immense forward step in the emancipation of the human mind.

I can’t find a source for that text, but it has been on display for at least four years. It was incredibly apt for Wikimania, as it reads very much like the Wikimedia Foundation’s vision:

Imagine a world in which every single human being can freely share in the sum of all knowledge.

Wikimania provided plenty of evidence both for how rapidly Wikimedia projects are progressing (in particular technology projects that seemed fantasies a few years ago, such as Wikidata and a visual editor, will be deployed over the next year) but also how far away humanity is from the potentials expressed above — particularly driven by bad policy, which in turn impoverishes practice — resulting in Wikipedia being unique, when instead all knowledge of all forms could be subject to mass curation and sharing.

In case I do not blog further about Wikimania: I enjoyed helping Asheesh Laroia with the pre-conference hackathon, Mayo Fuster Morell with a BoF-style meetup on digital commons, and tons of great conversations. Thanks to the organizers, all attendees, and all Wikimedians for such a great conference and movement!

Perhaps someday I will stand in the presence of the Dunhuang Diamond Sutra, the oldest printed book with a date (868CE), held in the British Library. I don’t know whether it would stun me, but I have noted a statement in its colophon:

Reverently [caused to be] made for universal free distribution by Wang Jie on behalf of his two parents on the 13th of the 4th moon of the 9th year of Xiantong.

5 years of GPLv3

Friday, June 29th, 2012

5louds

Version 3 of the GNU GPL was released 5 years ago today. How successful the license is and will be may become more clear over the next 5 years. Use relative to other free software licenses? Good data and analysis are difficult. The importance of v3’s innovations in protecting and promoting users’ freedoms in practice? Will play out over many years. More software freedom and indeed, general welfare, than in a hypothetical world without GPLv3? Academic questions, and well worth considering.

I suggest that number (add qualifiers of and scaling by importance, quality, etc, as you wish) of works under GPLv3 or use of GPLv3 relative to other licenses are less important markers of GPLv3’s success, and that of the broader FLOSS community, than the number and preponderance of works under GPLv3-compatible terms. Although it is a relatively highly regulatory license, its first and most important job is the same as that of permissive and public domain instruments — grant all permissions possible around default restrictions imposed by current and future bad public policy.

Incompatibility among free licenses means that the licenses have failed at their most important jobs for any case in which one wishes to use works under incompatible terms together in a way that default bad policy restricts. That such cases may currently be edge cases, or even unknown, is a poor excuse for incompatibility. Remember that critique of current bad policy includes the restrictions it places on serendipitous uses and uses in the distant future!

On this number-and-preponderance-of-GPLv3-compatible-works metric, the license and free software community look pretty good (note that permissive licenses such as MIT and BSD, visibly popular among web developers, are GPL-compatible). Probably the most important incompatible terms are GPLv2-only and EPL. But software is suffusing everything, including hardware design, cultural/scientific/documentation works, and data. I hope to see major progress toward eliminating barriers across these overlapping domains in the next years.