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	<title>Comments on: A fascinating license question</title>
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	<link>http://blog.citizendium.org/?p=252</link>
	<description>Weblog about the Citizendium project and its Citizens.</description>
	<pubDate>Sat, 19 Dec 2009 03:57:34 +0000</pubDate>
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		<title>By: David Gerard &#187; Blog Archive &#187; Citizendium, the non-free encyclopedia.</title>
		<link>http://blog.citizendium.org/?p=252#comment-61707</link>
		<dc:creator>David Gerard &#187; Blog Archive &#187; Citizendium, the non-free encyclopedia.</dc:creator>
		<pubDate>Fri, 21 Dec 2007 21:46:29 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-61707</guid>
		<description>[...] Free content, with analogy to free software, does not have usage restrictions. Dr Sanger attempts a reductio ad Hitlerum on the term &#8220;free,&#8221; but I suspect that&#8217;s not going to convince many outside [...]</description>
		<content:encoded><![CDATA[<p>[...] Free content, with analogy to free software, does not have usage restrictions. Dr Sanger attempts a reductio ad Hitlerum on the term &#8220;free,&#8221; but I suspect that&#8217;s not going to convince many outside [...]</p>
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		<title>By: Bottleneck</title>
		<link>http://blog.citizendium.org/?p=252#comment-54378</link>
		<dc:creator>Bottleneck</dc:creator>
		<pubDate>Mon, 26 Nov 2007 17:01:16 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-54378</guid>
		<description>I think there are a few points I see nowhere mentioned or ingored in this discussion (here or in the forum):

a) Content that has been imported from WP is under GFDL and will ever be exclusievely, because any change of licence would require to contact _all_ contributing WP authors, not the foundation or whomever else.

b) Already now CZ, as many other sites btw., violates the GFDL when displaying WP content by _not_ giving credit to the original authors. Some CZ pages relink to WP (others don't even do that, like "Astronomy"), but this is not enough. Authors must be listed together _locally_ with the content, or on a subpage of the content. Because of c), the CZ is quite safe at this point, but this may change.

c) The licence giver (i.e. copyright holder) is not WP or CZ, it is the author himself. Any re-licencing is in his sole hands. Therefore, CZ cannot re-licence the content to make money (or even for free) to anyone, _unless_ the copyright has been transferred in some way (e.g. non-exclusive). 

d) Because of c) neither WP or CZ can do anything against re-users violating the licence, it is in the sole hands of the copyright holder, i.e. the author, to pursue his rights.

e) Transfer of copyright is a double sided blade: Together with the rights CZ acquires about the content, it assumes the responsability of a publisher, which WP avoids for good rason: If the risk of being publisher rather than space provider is not obvious to you, read e.g. http://thread.gmane.org/gmane.org.wikimedia.foundation/21407 This lawsuit (as well as others I know of) would have got an entirely different flavour.

f) The images mentioned on the forum which would be usable to CZ only if CZ has non-profit licence (I actually agree to that argument, but think it has to be thought through more thoroughly) will in any case hardly have their copyright transferred to CZ, so no re-licencing of those to make money.</description>
		<content:encoded><![CDATA[<p>I think there are a few points I see nowhere mentioned or ingored in this discussion (here or in the forum):</p>
<p>a) Content that has been imported from WP is under GFDL and will ever be exclusievely, because any change of licence would require to contact _all_ contributing WP authors, not the foundation or whomever else.</p>
<p>b) Already now CZ, as many other sites btw., violates the GFDL when displaying WP content by _not_ giving credit to the original authors. Some CZ pages relink to WP (others don&#8217;t even do that, like &#8220;Astronomy&#8221;), but this is not enough. Authors must be listed together _locally_ with the content, or on a subpage of the content. Because of c), the CZ is quite safe at this point, but this may change.</p>
<p>c) The licence giver (i.e. copyright holder) is not WP or CZ, it is the author himself. Any re-licencing is in his sole hands. Therefore, CZ cannot re-licence the content to make money (or even for free) to anyone, _unless_ the copyright has been transferred in some way (e.g. non-exclusive). </p>
<p>d) Because of c) neither WP or CZ can do anything against re-users violating the licence, it is in the sole hands of the copyright holder, i.e. the author, to pursue his rights.</p>
<p>e) Transfer of copyright is a double sided blade: Together with the rights CZ acquires about the content, it assumes the responsability of a publisher, which WP avoids for good rason: If the risk of being publisher rather than space provider is not obvious to you, read e.g. <a href="http://thread.gmane.org/gmane.org.wikimedia.foundation/21407" rel="nofollow">http://thread.gmane.org/gmane.org.wikimedia.foundation/21407</a> This lawsuit (as well as others I know of) would have got an entirely different flavour.</p>
<p>f) The images mentioned on the forum which would be usable to CZ only if CZ has non-profit licence (I actually agree to that argument, but think it has to be thought through more thoroughly) will in any case hardly have their copyright transferred to CZ, so no re-licencing of those to make money.</p>
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		<title>By: Stephen Ewen</title>
		<link>http://blog.citizendium.org/?p=252#comment-54101</link>
		<dc:creator>Stephen Ewen</dc:creator>
		<pubDate>Sun, 25 Nov 2007 17:38:04 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-54101</guid>
		<description>With copyright sharing, you are exactly right, Mark.  &lt;I&gt;No one&lt;/I&gt; I am aware of is interested in killing commercial uses.</description>
		<content:encoded><![CDATA[<p>With copyright sharing, you are exactly right, Mark.  <i>No one</i> I am aware of is interested in killing commercial uses.</p>
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		<title>By: Mark Jones</title>
		<link>http://blog.citizendium.org/?p=252#comment-54078</link>
		<dc:creator>Mark Jones</dc:creator>
		<pubDate>Sun, 25 Nov 2007 15:21:43 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-54078</guid>
		<description>I may be missing an important bit of information obvious to all but me, but if CZ adopts a non-commercial license doesn't that mean only that commercial entities are restricted from *taking* Citizendium content at their whim but  that CZ may, of its own volition, freely GIVE material at no cost to commercial entities at their whim if it seems fitting and beneficial to the project (for example, the previously mentioned entrepreneur in the developing world or permitting Google to add content layer in Google Earth without paying for it)?

That is to say, a non-commercial license is intended as a restriction on the actions of the *commercial entities*, not upon *Citzendium* itself and that Citizendium is free to license its content to whatever commercial entities it chooses at whatever cost (or no cost) for however long it likes.

I am aware that I do not understand these licenses perhaps as well as I should so some enlightenment would be appreciated on this matter.

If the above be the case then it does appear to change some of the arguments in favour of a commercial license that state a commercial license should be chosen because commercial entities (like Google perhaps) may not be willing to pay for content, especially if it is available elsewhere for free.</description>
		<content:encoded><![CDATA[<p>I may be missing an important bit of information obvious to all but me, but if CZ adopts a non-commercial license doesn&#8217;t that mean only that commercial entities are restricted from *taking* Citizendium content at their whim but  that CZ may, of its own volition, freely GIVE material at no cost to commercial entities at their whim if it seems fitting and beneficial to the project (for example, the previously mentioned entrepreneur in the developing world or permitting Google to add content layer in Google Earth without paying for it)?</p>
<p>That is to say, a non-commercial license is intended as a restriction on the actions of the *commercial entities*, not upon *Citzendium* itself and that Citizendium is free to license its content to whatever commercial entities it chooses at whatever cost (or no cost) for however long it likes.</p>
<p>I am aware that I do not understand these licenses perhaps as well as I should so some enlightenment would be appreciated on this matter.</p>
<p>If the above be the case then it does appear to change some of the arguments in favour of a commercial license that state a commercial license should be chosen because commercial entities (like Google perhaps) may not be willing to pay for content, especially if it is available elsewhere for free.</p>
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		<title>By: tom</title>
		<link>http://blog.citizendium.org/?p=252#comment-53150</link>
		<dc:creator>tom</dc:creator>
		<pubDate>Thu, 22 Nov 2007 06:27:03 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-53150</guid>
		<description>so divided we are over the license issue.  major problem it is.  So much bias on both sides.</description>
		<content:encoded><![CDATA[<p>so divided we are over the license issue.  major problem it is.  So much bias on both sides.</p>
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		<title>By: Stephen Ewen</title>
		<link>http://blog.citizendium.org/?p=252#comment-53005</link>
		<dc:creator>Stephen Ewen</dc:creator>
		<pubDate>Wed, 21 Nov 2007 21:42:13 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-53005</guid>
		<description>Anthony's on to something.  Below each-and-every editing window, do away with all the euphamisms like "free" and "open" under the ABC License. State directly what "free" *means* in its implications.  Why not?</description>
		<content:encoded><![CDATA[<p>Anthony&#8217;s on to something.  Below each-and-every editing window, do away with all the euphamisms like &#8220;free&#8221; and &#8220;open&#8221; under the ABC License. State directly what &#8220;free&#8221; *means* in its implications.  Why not?</p>
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		<title>By: Anthony</title>
		<link>http://blog.citizendium.org/?p=252#comment-52997</link>
		<dc:creator>Anthony</dc:creator>
		<pubDate>Wed, 21 Nov 2007 21:00:04 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-52997</guid>
		<description>"If you can answer it honestly and straightforwardly–as, funnily enough, few people have done–then I commend you, whatever your answer might be."

Thanks.  I think it is odd that more people haven't answered this question directly, and I think it is an important question to answer.  In fact, if CZ does adopt a free license like GFDL or CC-BY-SA, it should be a requirement of those who get accounts to answer the question (*) in the affirmative.

(*) Only slightly modified.  Your question is "Do you favor a license that allows CBS, Fox, the New York Times, English tabloids, Chinese propaganda sheets, Yahoo!, Google, and all sorts of giant new media companies to come, to use our content? Without compensation?"  In order to sign up for CZ, applicants should answer "Do you agree to license your contributions under a license that allows CBS, Fox, the New York Times, English tabloids, Chinese propaganda sheets, Yahoo!, Google, and all sorts of giant new media companies to use your content? Without compensation?"</description>
		<content:encoded><![CDATA[<p>&#8220;If you can answer it honestly and straightforwardly–as, funnily enough, few people have done–then I commend you, whatever your answer might be.&#8221;</p>
<p>Thanks.  I think it is odd that more people haven&#8217;t answered this question directly, and I think it is an important question to answer.  In fact, if CZ does adopt a free license like GFDL or CC-BY-SA, it should be a requirement of those who get accounts to answer the question (*) in the affirmative.</p>
<p>(*) Only slightly modified.  Your question is &#8220;Do you favor a license that allows CBS, Fox, the New York Times, English tabloids, Chinese propaganda sheets, Yahoo!, Google, and all sorts of giant new media companies to come, to use our content? Without compensation?&#8221;  In order to sign up for CZ, applicants should answer &#8220;Do you agree to license your contributions under a license that allows CBS, Fox, the New York Times, English tabloids, Chinese propaganda sheets, Yahoo!, Google, and all sorts of giant new media companies to use your content? Without compensation?&#8221;</p>
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		<title>By: Larry Sanger</title>
		<link>http://blog.citizendium.org/?p=252#comment-52996</link>
		<dc:creator>Larry Sanger</dc:creator>
		<pubDate>Wed, 21 Nov 2007 20:41:36 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-52996</guid>
		<description>OK, let's see why you think the question was biased.  You say that it's "telling a half-truth."  Why?  The only reason you seem to indicate (by comparing our formulations of the question) is that I don't state that the media giants that use our content must acknowledge our copyright, link to us, and let others use the content freely.  But I know that most people who are answering this question know those conditions; this is background knowledge I would expect most people commenting on the question to know.  It's also irrelevant to the question I was asking, which is why I left it out.  (I left out all kinds of other things too.)  The question is whether you would feel &lt;i&gt;comfortable,&lt;/i&gt; emotionally, knowing that GE (for example) had gathered much wealth from their use of CZ's content, and without compensating us.  That's not a biased question; it doesn't suggest any particular answer.  I just think it "takes to an extreme" the implication behind commercial licenses.  People can learn a lot about their principles by applying them to extreme cases.  If you can answer it honestly and straightforwardly--as, funnily enough, few people have done--then I commend you, whatever your answer might be.</description>
		<content:encoded><![CDATA[<p>OK, let&#8217;s see why you think the question was biased.  You say that it&#8217;s &#8220;telling a half-truth.&#8221;  Why?  The only reason you seem to indicate (by comparing our formulations of the question) is that I don&#8217;t state that the media giants that use our content must acknowledge our copyright, link to us, and let others use the content freely.  But I know that most people who are answering this question know those conditions; this is background knowledge I would expect most people commenting on the question to know.  It&#8217;s also irrelevant to the question I was asking, which is why I left it out.  (I left out all kinds of other things too.)  The question is whether you would feel <i>comfortable,</i> emotionally, knowing that GE (for example) had gathered much wealth from their use of CZ&#8217;s content, and without compensating us.  That&#8217;s not a biased question; it doesn&#8217;t suggest any particular answer.  I just think it &#8220;takes to an extreme&#8221; the implication behind commercial licenses.  People can learn a lot about their principles by applying them to extreme cases.  If you can answer it honestly and straightforwardly&#8211;as, funnily enough, few people have done&#8211;then I commend you, whatever your answer might be.</p>
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		<title>By: Alan Barker</title>
		<link>http://blog.citizendium.org/?p=252#comment-52991</link>
		<dc:creator>Alan Barker</dc:creator>
		<pubDate>Wed, 21 Nov 2007 20:09:09 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-52991</guid>
		<description>Larry, I think the way you phrased your question was highly misleading, to the extent that it wrongly begs "no" for an answer in a rather populistic way. You wrote:

"Here’s the question, then. If we use a license that permits commercial reuse–CC-by-sa or GFDL–then every major media company in the world could, and probably would, use CZ content. Do you favor a license that allows... all sorts of giant new media companies to come, to use our content? Without compensation?"

That's telling a half-truth. Because the true meaning of licenses like CC-BY-SA is the following:

"Here’s the question, then. If we use a license that permits commercial reuse–CC-by-sa or GFDL–then every major media company in the world could, and probably would, use CZ content. Do you favor a license that allows... all sorts of giant new media companies to come, to use our content? Without compensation, but with the requirement to acknowledge our copyright, to link to us, and let others use that content freely just as they themselves have used it freely?"

That is a far more honest presentation of such a "very interesting question" than yours, Larry. Would you be willing to admit that you phrased your question in an extemely biased manner?</description>
		<content:encoded><![CDATA[<p>Larry, I think the way you phrased your question was highly misleading, to the extent that it wrongly begs &#8220;no&#8221; for an answer in a rather populistic way. You wrote:</p>
<p>&#8220;Here’s the question, then. If we use a license that permits commercial reuse–CC-by-sa or GFDL–then every major media company in the world could, and probably would, use CZ content. Do you favor a license that allows&#8230; all sorts of giant new media companies to come, to use our content? Without compensation?&#8221;</p>
<p>That&#8217;s telling a half-truth. Because the true meaning of licenses like CC-BY-SA is the following:</p>
<p>&#8220;Here’s the question, then. If we use a license that permits commercial reuse–CC-by-sa or GFDL–then every major media company in the world could, and probably would, use CZ content. Do you favor a license that allows&#8230; all sorts of giant new media companies to come, to use our content? Without compensation, but with the requirement to acknowledge our copyright, to link to us, and let others use that content freely just as they themselves have used it freely?&#8221;</p>
<p>That is a far more honest presentation of such a &#8220;very interesting question&#8221; than yours, Larry. Would you be willing to admit that you phrased your question in an extemely biased manner?</p>
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		<title>By: tom</title>
		<link>http://blog.citizendium.org/?p=252#comment-52980</link>
		<dc:creator>tom</dc:creator>
		<pubDate>Wed, 21 Nov 2007 19:42:27 +0000</pubDate>
		<guid isPermaLink="false">http://blog.citizendium.org/2007/11/19/a-fascinating-license-question/#comment-52980</guid>
		<description>i just think we'll get way more attention in commercial sources.  People are still discovering wp via other websites that use their material. Our mwterial will be better and i'd rather have cz material all over the web than the other wiki. Com license gets more eyes on more words equals good for cz. Very few will pay for our content in the near future, esp when there is a free alternative.</description>
		<content:encoded><![CDATA[<p>i just think we&#8217;ll get way more attention in commercial sources.  People are still discovering wp via other websites that use their material. Our mwterial will be better and i&#8217;d rather have cz material all over the web than the other wiki. Com license gets more eyes on more words equals good for cz. Very few will pay for our content in the near future, esp when there is a free alternative.</p>
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