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  • From: Jonas Öberg <jonas AT creativecommons.org>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: [CC-Europe] Fwd: [cc-affiliates] [CC Affiliates] Preview of v4.0 public discussion draft #1
  • Date: Mon, 2 Apr 2012 16:48:25 +0200

Dear all,

please remember to have a look at the 4.0 public discussion draft, as
announced today: http://creativecommons.org/weblog/entry/32157

This public draft serves as the background for our meeting on the 1st
of May in Berlin. Remember that if you wish to attend that meeting,
but you absolutely do not have enough funds to cover participation on
your own or through your affiliate, you should inform about this as
early as possibly, but not later than the 6th of April via email to
me.


Best regards,

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




---------- Forwarded message ----------
From: Diane Peters <diane AT creativecommons.org>
Date: Sat, Mar 31, 2012 at 3:21 AM
Subject: [cc-affiliates] [CC Affiliates] Preview of v4.0 public
discussion draft #1
To: cc-affiliates AT lists.ibiblio.org


Hi everyone,



We are pleased to announce that we are ready to publish draft 1 of
version 4.0 for public discussion. The announcement will be made by
early Monday, by way of publication to the blog and the
license-discuss and community lists.



We’d like to share with you a preview of the draft and related
communications.  Attached is the final text of draft #1 (BY-NC-SA
v4.0d1).  (Note that BY-NC-SA is the only license being published
during this first public comment period – as many of you are aware
from your porting days, the other licenses are easily derived from it
once finalized.)  We have also prepared a comparison chart between 3.0
(international) and this draft, with brief explanations of changes to
facilitate your review.  In-depth explanations are being finalized for
publication to the wiki and will go live with the blog posting.  A
draft of the blog post is pasted below.



As mentioned, we plan to circulate the draft publicly by Monday, and
will alert you on this list when it is public.  Until we do so we ask
you not to forward it or discuss it publicly beyond this list. We are
making the announcement early to affiliates in recognition of the
important role you play in shaping the licenses, so that you can be
prepared for any questions you receive from your community, and so you
as affiliates have a chance to ask any immediate questions of CC that
you may have before the draft goes public. However, we would prefer
that the public announcement be accompanied by the explanatory
materials we are currently finalizing, and so must ask that you keep
the draft internal to CC until those are ready. Please respect others
within our affiliate group by not circulating it further until the
public announcement.



We expect this first public comment process to last until sometime in
May, and the second draft to be published in June.  We will be
coordinating time zone-friendly affiliate conference calls in
collaboration with your Regional Project Managers, to take place in
the next 3-4 weeks.  We hope to hear from many of you on those calls,
but hope you also feel free (once published) to offer comments on the
license-discuss email list or via offlist email.  Please look for more
information on scheduling for the calls from Jess and your RPMs
shortly.



For those of you attending Re: publica in Berlin in May, I will be
attending the regional meeting to be held on May 1st and look forward
to a productive 4.0 discussion session there.



As always, please let us know if you have questions about the process,
draft or other.  We look forward to hearing from you on the
license-discuss list or here!



Best,

Diane




--

Version 4.0 - Discussion Draft Posted for Public Comment

We are pleased to post for public comment the first discussion draft
of version 4.0 [link TK]. This draft is the product of an extended
(and unprecedented) requirements gathering period involving input from
CC affiliates, community and stakeholders. Thanks to all of you who
contributed your valuable time and energy in the policy discussions
and drafting sessions in advance of this draft.

We crafted this first draft (v4.0d1) being mindful of the overarching
design goals first articulated at the 2011 Global Summit: producing a
4.0 suite that addresses pressing challenges of important adopters,
including those in countries where localized version of CC licenses
have not existed and never may for any number of reasons; maximizing
interoperability, reducing license proliferation and promoting
standardization where possible; and longevity and ease of use. We’ve
documented and discussed these goals at length, and are excited to
hear back from our community on how we can improve the draft still
further to achieve those goals.

Here are some highlights of the major policy and drafting choices
reflected in the draft, as well issues on which we would especially
value your input. Join the discussion!

Database rights
As anticipated, the license fully licenses database rights on the same
terms and conditions as copyright and neighboring rights. We have
heard no compelling reason for reversing course on this new policy,
and all early feedback suggests this is a welcomed change despite our
community's general dislike for them. We have taken care to ensure
that the license of database rights (as well as other licensed rights)
only applies where permission is needed and the licensor holds those
rights.

Other copyright-like rights
Rights beyond copyright and neighboring rights are more complicated,
however. We know from our community that other sui generis,
copyright-like rights already exist or have been proposed. These
include press publisher rights in Germany and catalogue rights in
Nordic countries. We remain concerned that these “ancillary rights”
(the term we’ve coined for use in the draft) could undermine or
interfere with expected uses of the licensed work, much as the sui
generis database rights (and their treatment in 3.0 and its ports)
have vexed CC licensors and licensees in Europe for years.

We have taken the approach in this first draft of requiring waiver of
those ancillary rights, but only if possible and then only to the
extent necessary to allow the work to used as intended under the
license. (These ancillary rights do not include the traditional group
of rights long excluded from CC licenses and reserved to licensors,
such as trademark, privacy and personality rights, and similar.) We
look to our community for input on this policy choice.

Moral rights
Treatment of moral rights is the other central policy issue addressed
in this draft. In 3.0 (unported) and a rough majority of the 3.0
ports, moral rights are generally reserved and unaffected by the
license. In other ports, however, those rights are reserved only where
they cannot be waived, suggesting the licensor is waiving those rights
where possible, possibly without any limitation. The difference is
nuanced but not trivial, and merits consideration.

For purposes of this first draft, we have chosen a middle ground:
where waiver is possible, a limited waiver (or non assert) is granted
to allow the work to be used as otherwise permitted by the license.
For all other purposes (or where a waiver or non assert is not
permitted), those rights are fully reserved. This proposal largely
mirrors the proposal made for 3.01, and is intended to re-start the
discussion for 4.0 where that discussion left off. We look forward to
hearing the views of our community on this proposal as well.

Proposals under development
A few policy decisions are still under consideration and will benefit
from further public discussion before formal proposals are made. To
the extent these decisions involve existing terms in 3.0, we have
[bracketed] related provisions in the draft. These include technical
protection measures and the definition of NonCommercial. On the
former, discussion during the requirements gathering period was robust
and productive, but not conclusive on any approach. We plan to use a
portion of this public discussion period to curate use cases to inform
a formal proposal. Ideally, these use cases will be based on
demonstrated needs (or lack thereof) by licensees for a change from
the prohibition in 3.0. As for NonCommercial, more discussion is
necessary to advance any of the current proposals or arguments for
changing that definition. Consequently, we have left the definition
unchanged in this first draft. On both of these issues, look for
prompts from us on the license discussion list and this blog, and
please contribute your voice to the discussion.

Other features
The draft license has several new features deserving of attention and
your feedback. Attribution and marking requirements are now
centralized in a single location and clarified for ease of
understanding and compliance. The collecting society provision is
dramatically simplified, though operating in the same spirit as in
3.0. Overall, we have strived to simplify, better organize,
internationalize and enhance usability whenever possible. We welcome
your ideas for making this license still better in these respects and
more.

We need your input!
One of our highest priorities is to ensure that the 4.0 licenses work
seamlessly in as many jurisdictions, and for as many constituents, as
possible. Please help us identify provisions that could be improved to
operate better in your locale and for the communities of CC adopters
you care about.

We have updated the 4.0 wiki with a special page [link TK] dedicated
to this first draft, where you can find the full draft of BY-NC-SA
[link TK] and a detailed chart [link TK] comparing this draft to
version 3.0, among other resources. The primary discussion forum
continues to be the license-discuss list. We look forward to hearing
from you!


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Attachment: 4.0d1 (to be published).pdf
Description: Adobe PDF document

Attachment: Comparison chart (3.0 to 4.0d1).pdf
Description: Adobe PDF document



  • [CC-Europe] Fwd: [cc-affiliates] [CC Affiliates] Preview of v4.0 public discussion draft #1, Jonas Öberg, 04/02/2012

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