The Open Triumvirate

The Open Triumvirate✦ Open Standards✦ Open Source✦ Open Content

Licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.

1Thursday, October 1, 2009

Who has the right to use, copy, repurpose, remix content, software, writing or other creative works?

What do these two have in common? “My Way” (1968, 1978). Covers in music require permission, called a mechanical license in the industry.

The White Stripes’ album White Blood Cells had a bass line added by Steve McDonald of Redd Kross. Permission was verbally granted by Jack White when Steve ran into him _after_ creating the work. The new album was removed after more than 60K downloads.

"In many ways, this online-only album lives up to the dream that music fans originally had for the internet. It is an

example not just of a musician delivering work directly to his fans, but also of performers bending the rules for the

sake of art."-- Neil Strauss, The New York Times

Regarding the release of Redd Blood Cells

Most software, music and other content created so far has been proprietary. Owned by a company and licensed to you when you “buy” it. You don’t really buy it! You license it.

Copyright is the legal framework by which proprietary works are protected.

Copyright law changed in the US in 1978 to automatically copyright everything created.

Some software and content enters the public domain - we all own it. This can happen because someone gives it away without restriction, or after a period of time has passed after an author’s death.

©Public Domain: No Rights Reserved

The Spectrum of Greed

Public domain Copyright

Is there a middle ground?

The Web - a triumph of open standards. Open standards allow proprietary software to be written so that it will interact with others.

"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to

himself. Therefore all progress depends on the unreasonable man. "

-- George Bernard Shaw

How is progress made? In trying to define a middle ground, we can start here.

"People said I should accept the world.Bullshit! I don't accept the world."

-- Richard Stallman

We’ll meet Richard in a few minutes.

Verba volant, scripta manent

To define the middle ground, we need a contract.

Get it in writing

If we can write down what we want to do, we can figure out a legal way of doing it. Licenses do just that.

"Every nonfree program has a lord, a master and if you use the program, he is your master."“Copying all or parts of a program is as natural to a programmer as breathing, and as productive. It ought to be as free.”

Two types of freedom. Free as in beer...

...or free as in speech.

The GNU General Public License: What is free must stay free. Free as in freedom (speech), probably also free as in beer.

Stallman was followed by Tim Berners-Lee (Web), Eric Raymond (Open Source Initiative, Cathedral and the Bazaar), Linus Torvalds (Linux), Lawrence Lessig (Creative Commons) and many, many others.

1976 1983 1986 1991 1994 1998 2001

ITU X.25 standard (1976), GNU (1983), FSF (1985), IETF (1986), Linux (1991), W3C (1994), OSI (1998), Creative Commons (2001)Movement from Open Standards to Open Source to Open Content

The Spectrum of Greed

Bill GatesRichard Stallman

Eric Raymond

+-David Hyland-Wood

Public domain CopyrightLarry Lessig

Open Source/Content ≠ public domain! It is licensed and users must comply with the licenses.

The information economy accounts for~10% of the GDP of most developed nations, and

more than 50% of their economic growth.

Source: http://ec.europa.eu/enterprise/ict/policy/doc/2006-11-20-flossimpact.pdf

FLOSS *usage* survey; use more popular in the EU than the US.NB: Copyrighted material used for didactic purposes under fair use provisions.

Open Source• Run

• Study

• Modify

• Share

Open Content• Consume

• Study

• Modify

• Share

Nine Inch Nails released Ghosts I-IV, consisting of 36 instrumental tracks licensed under a Creative Commons BY-NC-SA license on 2 March 2008.

Creative Commons allows creators to mix and match four concerns into licenses.

©Reproduce, adapt,distribute,but license the same.©Reproduce, adapt,distribute,but license the same.

©CC Some Rights Reserved.Some permissions granted.

ccmixter.org - a Creative Commons sponsored site to expose CC-licensed music for remixing.

Movies: 74K, Audio: 303K, books: 37K and 266K “other”.

Also iTunes U, MIT Open Courseware, etc.

What should you do?

• Only use, reuse, remix work that you have rights to.

• License your work!

• Avoid situations like CourseHero - or at least give yourself the legal rights to fix any problems.

How can you participate? License your tweets! (music, plays, novels, software, movies...)

Credits - CC LicensedTriumvirate http://www.flickr.com/photos/reidab/393803339/

Web http://www.flickr.com/photos/poper/179970823/ and http://www.flickr.com/photos/iguanajo/277209483/

Roman bust http://www.flickr.com/photos/angerboy/532691310/

Policeman http://www.flickr.com/photos/kk/12722162/

Beer http://www.flickr.com/photos/marui/460581081/

Bill of Rights http://www.flickr.com/photos/anselor/67025021/in/set-1457202/

Copyright extensions http://en.wikipedia.org/wiki/File:Copyright_term.svg

Richard Stallman http://en.wikiquote.org/wiki/File:Richard_Stallman_speaking_at_Wikimania_2005-08-07.jpg and http://www.flickr.com/photos/nicolasrolland/3063010427/sizes/s/

GNU Logo http://johnbokma.com/gnulogo.html

Mapa Open Source 2009 (Red Hat) http://www.flickr.com/photos/arrayexception/3500434664/sizes/o/

Eric Raymond http://www.flickr.com/photos/docsearls/224766598/

Tim Berners-Lee http://en.wikipedia.org/wiki/File:Tim_Berners-Lee.jpg

Linus Torvalds http://en.wikipedia.org/wiki/File:Linus_Torvalds.jpeg

Credits - CC LicensedLawrence Lessig http://www.lessig.org/info/photos/

Open Source Initiative logo http://www.flickr.com/photos/27316226@N02/3000888100/sizes/o/

Street crowd http://www.flickr.com/photos/rayan_jeroen/207239822/

Wii Play packaging http://www.flickr.com/photos/20179579@N00/461808859/

Reach http://www.flickr.com/photos/kharied/486001659/

Creative Commons options http://www.lessig.org/blog/archives/freedoms_license.jpg

Creative Commons logo http://www.flickr.com/photos/10243775@N05/3482370143/

FLOSS used in MS Windows http://www.flickr.com/photos/martinbekkelund/2397647179/sizes/l/

GPL street sign http://www.flickr.com/photos/svensson/45394401/

License your tweets? http://za.creativecommons.org/blog/archives/2009/09/13/cc-license-your-tweets/

GNU and FLOSS differences http://www.gnu.org/philosophy/open-source-misses-the-point.html

Open Content examples http://www.archive.org/details/opensource_movies

Open Course logo http://www.flickr.com/photos/marcwathieu/2412755417/

Credits - Fair Use of Copyright

White Blood Cells album cover by The White Stripes http://en.wikipedia.org/wiki/File:The_White_Stripes_-_White_Blood_Cells.jpg

Redd Blood Cells album cover by Stephen Banes http://www.reddkross.com/features/RBC/

Nine Inch Nails Web page for Ghosts I-IV http://ghosts.nin.com/main/home

ITU logo http://www.itu.int/PublishingImages/logos/ITU-official-logo_75.gif

Credits - By Permission

Linux logo by Larry Ewing <lewing@isc.tamu.edu>

The Open TriumvirateDavid Hyland-Wood

University of Mary Washington6 October 2009

Licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.

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