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  • From: Hannelore Dekeyser <hannelore.dekeyser AT>
  • To: cc-be AT
  • Cc: wim.schreurs AT
  • Subject: Re: [Cc-be] iCommons and "right to property"
  • Date: Fri, 02 Dec 2005 16:43:53 +0100


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,


The Charter homepage:

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-----
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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>
> Subject: [Cc-be] Fwd: [Cc-icommons] iCommons - the story continues...
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> 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.
> 2. To provide an online "home" for a gateway to best practice Commons
> projects around the world - eg.
> 3. To provide an identity to unify and promote Commons campaigns and
> activities around the world - eg.
> 4. To provide a gateway that connects volunteers with Commons
> projects and campaigns - eg.
> 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 ), 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
> _______________________________________________
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Hannelore Dekeyser
Legal researcher

Interdisciplinary Centre for Law and ICT (ICRI) - K.U.Leuven
Tiensestraat 41
[t] +32 16 32 54 70 [f] +32 16 32 54 38
[e] hannelore.dekeyser AT - !!new e-mail address!!
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