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  • From: Hannelore Dekeyser <hannelore.dekeyser AT law.kuleuven.be>
  • To: wim.schreurs AT vub.ac.be
  • Cc: cc-be AT lists.ibiblio.org
  • Subject: Re: [Cc-be] iCommons and "right to property"
  • Date: Sun, 04 Dec 2005 22:11:39 +0100

wim schreurs wrote:
> Hi,
>
> I absolutely support the cc initiative. Maybe the message is misplaced here,
> because it might sound as if article 17 conflicts with creative commons.

That's the risk of discussing in a different language I suppose, more
misunderstandings. :-)

> On
> the contrary, creative commons makes the concept of intellectual property
> rights practical and thus possible in the information society. I just found
> it worth mentioning that the right to intellectual property is part of the
> chapter of fundamental rights of the european union.
>
That is interesting. Intellectual property wasn't mentionned explicitely
in the European Convention on Human Rights, though it protects property
in general.


Kind regards,

Hannelore

> Kind regards
> Wim Schreurs
>
> -----Oorspronkelijk bericht-----
> Van: Hannelore Dekeyser [mailto:hannelore.dekeyser AT law.kuleuven.be]
> Verzonden: vrijdag 2 december 2005 16:44
> Aan: cc-be AT lists.ibiblio.org
> CC: wim.schreurs AT vub.ac.be
> Onderwerp: Re: [Cc-be] iCommons and "right to property"
>
>
> Hello,
>
> To be very frank, I find your message rather puzzling.
>
> I don't see any contradiction between the iCommons initiative and the
> right to property. iCommons is not a lobby to abolish intellectual
> property right law, or even to limit its scope.
>
> It offers authors a different way to make use of their property rights
> in their works, particularly by making a standardized licencing scheme
> available. Granted, this licence is very generous in its terms.
>
> The right to property enshrined in the Charter of
> Fundamental Rights of the European Union is by no means absolute.
> Moreover, the same Charter also guaranties freedom of expression, which
> includes the right to receive and impart ideas.
>
> I'm curious to know what you find disturbing about the iCommons initiative.
>
> Kind regards,
>
> Hannelore
>
>
> The Charter homepage:
> http://www.europarl.eu.int/charter/default_en.htm
>
> wim schreurs wrote:
>
>>Hello,
>>
>>I would like to remind you again to the following article of the Charter
>
> of
>
>>Fundamental Rights of the European Union (O.J.C. 364, 18.12.2000).
>>Article 17. "Right to property", sub 2 : "Intellectual property shall be
>>protected."
>>
>>Kind regards,
>>Wim Schreurs
>>
>>-----Oorspronkelijk bericht-----
>>Van: cc-be-bounces AT lists.ibiblio.org
>>[mailto:cc-be-bounces AT lists.ibiblio.org]Namens
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>>Onderwerp: Cc-be Digest, Vol 12, Issue 5
>>
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>>Today's Topics:
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>> 1. Fwd: [Cc-icommons] iCommons - the story continues... (Yong Liu)
>>
>>
>>----------------------------------------------------------------------
>>
>>Message: 1
>>Date: Wed, 23 Nov 2005 11:00:37 +0800
>>From: Yong Liu <cuplyong AT gmail.com>
>>Subject: [Cc-be] Fwd: [Cc-icommons] iCommons - the story continues...
>>To: Creative-Commons-China AT googlegroups.com
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>>Message-ID: <96a293ee0511221900r2072e257m AT mail.gmail.com>
>>Content-Type: text/plain; charset="iso-8859-1"
>>
>>Dear All,
>>
>>At the end of last week I sent out an introductory email about the
>>future of Creative Commons International and iCommons. I promised
>>that more details would be coming this week. And here it is. This
>>will not answer all your questions but I am hopeful that it will
>>begin to answer the question of "what is iCommons?". Christiane
>>Asschenfeldt (Executive Director of Creative Commons International)
>>intends to send a similar email re-affirming the ongoing role and
>>function of Creative Commons International and together they should
>>provide an overall picture of the international community. For those
>>of you that may not have had a chance to read my earlier email, I
>>have included it at the bottom of this email for easy reference.
>>
>>##iCommons Information -
>>Location: International with an office in London, UK
>>Staff supported by Creative Commons: Paula Le Dieu (Director, iCommons)
>>Who else is iCommons?: Open to anyone that chooses to participate.
>>This of course includes everyone that helps with the national porting
>>projects but also authors, artists, creators, producers, users,
>>campaigners, activists, the floss community - in fact, anyone
>>interested in furthering the health of the commons.
>>Funded by: Creative Commons provides initial funding for a fulltime
>>staff role & London office costs. Long term, iCommons should aim to
>>be financially independent of Creative Commons.
>>
>>Initial functions:
>>1. To provide an online "home" for the international voice of the
>>Commons - eg. www.icommons.org/news
>>2. To provide an online "home" for a gateway to best practice Commons
>>projects around the world - eg. www.icommons.org/projects
>>3. To provide an identity to unify and promote Commons campaigns and
>>activities around the world - eg. www.icommons.org/campaigns
>>4. To provide a gateway that connects volunteers with Commons
>>projects and campaigns - eg. www.icommons.org/commoners
>>5. To provide a co-ordination and facilitation role for the formation
>>of international project and campaign consortiums that benefit the
>>Commons.
>>
>>##iCommons and Creative Commons and Creative Commons International...
>>
>>Creative Commons will soon celebrate another birthday. The CC staff
>>are always thinking about better ways to deliver their goals and I
>>will continue to use my position as a CC funded staff member to
>>promote and facilitate the inclusion of the iCommoners' perspective
>>in everything they do.
>>
>>Creative Commons International, the work that Christiane and many of
>>you have undertaken to port and maintain licenses continues to go
>>from strength to strength. The legal porting process is well
>>developed and continues to provide guidance for those of you either
>>porting or maintaining licenses. iCommons and Creative Commons
>>International will work closely together in recognition that many of
>>you will be actively participating in both the legal projects and
>>iCommons.
>>
>>And finally, iCommons is born today! As of the end of last week, the
>>charitable organisation incorporated in England is legally called
>>iCommons. The first challenge is to create a website that provides a
>>home for the realisation of the functions I have outlined above. Just
>>as many of you worked towards the creation of a healthy commons by
>>contributing to the license porting project, I am hopeful that many
>>of you will want to continue to inspire and facilitate the use of
>>those licenses and other tools and projects that grow the commons by
>>contributing to, and benefiting from iCommons.
>>
>>Over the next few weeks I will be asking for participation in the
>>first iCommons projects. Count down has begun :)
>>
>>Regards
>>Paula
>>
>>ps. please feel free to send onto country lists.
>>
>>---------------
>>sent: 17th November 2005
>>subject: Creative Commons and iCommons
>>
>>Dear All,
>>
>>Recently Creative Commons celebrated the 24th launch of a Creative
>>Commons local jurisdiction license (congratulations Slovenia!). With
>>at least 70 local jurisdiction licenses expected over the next couple
>>of years and millions of CC licensed objects, it is clear that
>>Creative Commons is an extraordinary international phenomenon.
>>However, as we started to discuss at the iSummit in June, this rate
>>of growth brings with it the need to re-think the organisational
>>structure and to think carefully about how Creative Commons presents
>>itself to an international public.
>>
>>As we've grown, we've come to recognize that the diversity and energy
>>of the communities that have been started under the iCommons project
>>need their own institutional structure. That institution needs to
>>support more than the licensing project that has been the core
>>mission of Creative Commons.
>>
>>We have therefore decided to migrate the iCommons project to its own
>>separate legal entity. That entity will be called "iCommons"; it will
>>have its own board, and is now incorporated with nonprofit status in
>>the UK. I will serve as the executive director of this new entity.
>>For now, iCommons continues as a subsidiary of Creative Commons, and
>>will be supported by Creative Commons. But eventually, depending upon
>>how iCommons grows, it could become a wholly separate entity, devoted
>>to spreading CC licenses, as well as addressing the wide range of
>>issues that have the attention of our iCommons partners. Whether, and
>>how, iCommons develops will depend upon what you decide.
>>
>>Creative Commons will continue to work to launch Creative Commons
>>licenses within legal jurisdictions around the world. Christiane
>>Asschenfeldt will direct that project from Berlin with the help of a
>>new assistant, Eva Lutterbuese (eva AT creativecommons.org ), as well as
>>with Tessi Rieber, who will continue to work for the Berlin office as
>>a student intern for two days per week. It has been Christiane's
>>work so far that made the the international movement of Creative
>>Commons possible. But if we are to keep the high quality that the
>>licensing project requires, it is essential that Creative Commons
>>keeps strong direction over the licensing project, as distinct from
>>the other great work of the iCommons community.
>>
>>Therefore, in the future, new countries entering into the porting
>>project will work with Christiane to launch licenses within their
>>jurisdiction. Those licenses will continue to be maintained both
>>locally and through Creative Commons. Then, depending upon the
>>interest within the country, community members can then join
>>iCommons. We expect iCommons to be a home for many "free culture"
>>projects internationally. But the core will always be you.
>>Christiane's project to internationalize the work of Creative Commons
>>will be named "Creative Commons International." That project will
>>continue to be supported within Creative Commons.
>>
>>Over the next months, we will be adding a great deal more detail to
>>this new structuring and in doing so we hope we will address many of
>>the questions that are raised by this first email. However it is
>>important to note that while the world of Creative Commons
>>International will be very defined in keeping with the renewed focus
>>on the licenses, the world of iCommons will be far more open. Start
>>to think about how you think you would like to contribute to
>>iCommons, how it should be structured as a volunteer organisation and
>>about the kinds of activities it should be engaged in. Remember,
>>Creative Commons is supporting iCommons initially but the
>>responsibility for it in the long term resides with the community.
>>What do you want to achieve and how can we structure it to ensure
>>that you succeed?
>>
>>There are lots of questions that we will be answering in a second
>>email that is coming on Monday, so stay tuned.
>>
>>
>>Paula Le Dieu
>>Executive Director
>>iCommons
>>paula AT creativecommons.org
>>
>>_______________________________________________
>>Cc-icommons mailing list
>>Cc-icommons AT lists.ibiblio.org
>>http://lists.ibiblio.org/mailman/listinfo/cc-icommons
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>
>
> --
> Hannelore Dekeyser
> Legal researcher
>
> Interdisciplinary Centre for Law and ICT (ICRI) - K.U.Leuven
> Tiensestraat 41
> B-3000 LEUVEN - BELGIUM
> [t] +32 16 32 54 70 [f] +32 16 32 54 38
> [e] hannelore.dekeyser AT law.kuleuven.be - !!new e-mail address!!
> [w] www.law.kuleuven.ac.be/icri/ - www.ibbt.be
>
>
> Disclaimer: http://www.kuleuven.be/cwis/email_disclaimer.htm
>

--
Hannelore Dekeyser
Legal researcher

Interdisciplinary Centre for Law and ICT (ICRI) - K.U.Leuven
Tiensestraat 41
B-3000 LEUVEN - BELGIUM
[t] +32 16 32 54 70 [f] +32 16 32 54 38
[e] hannelore.dekeyser AT law.kuleuven.be - !!new e-mail address!!
[w] www.law.kuleuven.ac.be/icri/ - www.ibbt.be





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