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  • From: Jonas Öberg <jonas AT creativecommons.org>
  • To: Teresa Nobre <teresaraposonobre AT gmail.com>
  • Cc: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] EDRI
  • Date: Mon, 2 Apr 2012 12:01:27 +0200

Hi Teresa!

I've forwarded the question to HQ. Expect a follow-up on that :-)

Jonas Öberg, Regional Project Manager - Europe
Creative Commons
Phone: +46 31 7802161



On Mon, Apr 2, 2012 at 11:57 AM, Teresa Nobre
<teresaraposonobre AT gmail.com> wrote:
> "What is the problem?"?! Do you have any problems with me having
> a misinterpretation problem?
>
> I asked for CC HQ clarification, because Diane's message is not clear to me,
> in view of Mike's post (and many other things, including Diane's last
> sentence "This position is re-examined periodically"). Do you have any
> problems with me asking *them* that or do you want to have the last saying
> on this interpretation problem?
>
> Best,
>
> Teresa
>
>
> 2012/4/2 Gisle Hannemyr <gisle AT ifi.uio.no>
>>
>> On 01.04.2012 23:31, Teresa Nobre wrote:
>> > Well, I think that's imposible for an organisation like CC to be
>> > completely
>> > apolitical and, except maybe for the criminalisation discussion, I
>> > thought
>> > CC had official positions about the 2 other areas I mentioned, ie, that
>> > it
>> > was officially against government interference with the Internet
>>
>> I hope not.
>>
>> The subject of Internet governance is a very complex one.
>> As a proponent of network neutrality, I regard government interference
>> with the Internet an absolute necessity, as  the traditional
>> monopolies that owns the net certainly cannot be trusted with this.
>> (I can see a need for a discussion about the limits and scope of
>> this government interference, but I don't think the Creative Commons
>> is the right arena for having that discussion.)
>>
>> And I've not seen any *offical* statement from CC HQ about
>> government interference (I do not regard the messages about
>> protesting SOPA/PIPA, etc. on http://creativecommons.org/weblog
>> as anything more than news items blogged because they were
>> presumed by whoever posted them to be news of interest to the
>> CC community - which they obviously are).
>>
>> > and in favour of broader exceptions to copyright.
>>
>> I hope not.
>>
>> All the licenses and tools (including the upcoming 4.0 version) is
>> carefully written to make the best possible use of *existing*
>> exceptions to copyright and neighbouring rights.
>>
>>
>> Here's my position:
>>
>> I simply do not understand the rationale behind contaminating the
>> public service mission of CC with political activism - no matter
>> of noble the cause is.
>>
>> Political activism will make CC less capable of carrying out its
>> mission.  If CC chooses to *also* become a political activist group,
>> those that do not agree with its politics will be less willing to
>> accept the tools and licenses made available by the CC as a public
>> service.
>>
>> There exists many fine organizations that lobby for copyright reform,
>> not-government interference, and the right to copy for non-commercial
>> purposes, etc. (e.g. EFF, EDRI, FSF, etc.)  If you feel so strongly
>> about these things, why do you not work for these organisations
>> instead?
>>
>> The CC is different from those organisations.  It mission is to offer
>> a service to the public in the shape of tools and licences.  Becoming
>> a political organisation will (IMHO) make it more difficult to carry
>> out that mission.
>>
>> > If that's not true, then I'm
>> > sure having a problem in interpreting CC HQ positions.
>>
>> What is the problem?
>>
>> Well, we've already had the CC HQ position on this, in a message
>> posted to this list on March 29 by Diane Cabell (Corporate Counsel,
>> Creative Commons).  She wrote:
>>
>>  "Although CC was established in response to inappropriate law, it
>>   was not established as an advocacy organization."
>>  [...]
>>  "The CC Board's traditional position has been that when a policy
>>   might interfere with the function of CC's licenses and tools --
>>   or prevent them from being used -- then an advocacy effort may
>>   be appropriate. "
>>
>> I think that is pretty clear language.  *Only* when a policy might
>> interfere with the function of CC's licenses and tools - or prevent
>> them from being used - then, and only then, does CC take up an
>> official position and makes an advocacy effort for that position.
>>
>> I think we've already have agreed that ACTA, SOPA, PIPA, etc.
>> do *not* interfere with CC's licenses and tools, so I really
>> do not understand why we're still having this discussion?
>>
>> > Since I agree with you that we shouldn't have opposing positions when we
>> > are talking from our CC affiliate's positions and I'm giving
>> > taks/lectures
>> > about those issues almost every week, I would request some clarification
>> > from CC HQ.
>>
>> As far as I am concerned, I've already received clarification
>> from CC HQ (on March 29th).  I am satisfied with that clarification.
>> --
>> - gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
>> ========================================================================
>>    "Don't follow leaders // Watch the parkin' meters" - Bob Dylan
>> _______________________________________________
>> CC-Europe mailing list
>> CC-Europe AT lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/cc-europe
>
>
>
>
> --
>
> Teresa Nobre, LL.M. IP (MIPLC)
>
> Intellectual Property Consultant | Legal Project Lead Creative Commons
> Portugal
> M: (+351) 963491398 | E: teresaraposonobre AT gmail.com  | Skype: tenobre
> www.linkedin.com/in/teresanobre
>
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