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Subject: Development of Creative Commons licenses

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  • From: drew Roberts <zotz AT 100jamz.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Color Coding Badges (Drawing)
  • Date: Fri, 9 Jun 2006 18:55:47 -0400

On Friday 09 June 2006 06:11 pm, Ali Baba wrote:
> Personnaly, I would set PD to "white", to express that it is
> absolutely blank, there is no obligation left whatsoever. Then I would
> set "Free as is speech" licenses to blue (I prefer blue over green,
> since for me green is more like "Free as in beer"), and "Some rights
> reserved" to Yellow. "All rights reserved" should be red to express
> that you are not granted any right. And I would set EULA-"Your rights
> removed" to black, not red, to show that it goes further than just not
> granting rights, and that it is a "dark arts" kind of thing.
>
> NB: Richard Stallman's favourite and well-known phrase is not exactly
> "Free as in freedom" but "Free as in speech".

I sometimes like to use Free as in market to throw a monkey wrench in the
mix.
It is hard to argue that Free is anti-business in that context.

all the best,

drew
>
> Le 9 juin 06, à 01:36, Terry Hancock a écrit :
> > rob AT robmyers.org wrote:
> >> Quoting Greg London <email AT greglondon.com>:
> >>>> http://x.narya.net/static/terry/cc_colors.png
> >>>> http://x.narya.net/static/terry/cc_colors.svg
> >>>>
> >>>> 4) The colors are the scheme I originally proposed, of course.
> >>
> >> Those are very cool.
> >>
> >>> That copyleft is on the far left and public domain is in the middle
> >>> is a bit of an issue for me.
> >
> > The order in this drawing was not meant to be significant.
> > Each of the badges, would of course be a separate image,
> > and could be in any layout you want.
> >
> > As for the physical spectrum of light -- I don't find that view
> > particularly compelling. This is a psychological marketing
> > problem, so it is *color psychology* that matters, not color
> > physics.
> >
> >>>> From a legal rights point of view,
> >>>
> >>> a spectrum would have public domain at zero, copyleft at 1 and
> >>> copyright at 2.
> >
> > Yes, that's true. But I don't feel this is contradicted by my color
> > choices (more below).
> >
> >> Ordering the licenses depends how one defines "freedom". You keep
> >> more creative rights over time with copyleft than you give away
> >> economic rights with pd or pd-figleaf licenses (like BSD), for
> >> example.
> >
> > Quite so. One axis is "commons friendliness" (which seems like a
> > good axis for an organization named "Creative Commons"). In that
> > system, a simple spectrum from most to least commons-friendly
> > would follow the order in my diagram (more or less).
> >
> > That interpretation is consistent with the "spectrum" physical
> > order. It might be relevant that that tends to be the "geekier"
> > way of looking at it (which people are familiar with the
> > wavelength-order of visible light? I am, of course, but then I'm
> > an astronomer.) -- because the people looking at it this way are
> > going to tend to be the free-software advocates (we're a
> > pretty geeky crowd).
> >
> > My scheme is based on the "traffic signal metaphor" which
> > goes from "Green" (most free -- no limits) to "Red" (least free
> > -- many limits), with "Yellow" (and "Orange") representing the
> > intermediate "go cautiously" state.
> >
> > I was original inspired by the LinuxTag music licenses for that.
> >
> > For me, green has strong connotations of freedom for that
> > reason, and also because I associate it with wide open fertile
> > plains (perhaps the latter is an American view of things -- I do
> > live on the prairie).
> >
> >
> > In the traffic signal model, blue is "outside", which I think is
> > a useful metaphor as well -- because the philosophy of
> > copyleft asks you to think beyond the mere "limitation of
> > user freedom" model -- to think about the freedom of the
> > whole system.
> >
> > Blue, as the color of sea and sky, also carries a sense of
> > freedom. But blue also carries the connotation of "loyalty"
> > (that's what the blue in the American flag is supposed to
> > represent -- and I think it's been used for that elsewhere as
> > well). And of course, one can regard copyleft as more "loyal",
> > since it keeps works "in the fold" of the commons.
> >
> > And I think this psychological way of looking at it is more
> > appealling to humanities / artistic types (and the public
> > in general, to a lesser degree). I think the knee-jerk reaction
> > will be to regard "green" as most free and "blue" as something
> > odd or curious (but maybe that will attract people to find out
> > what it's about -- which is a good thing, IMHO).
> >
> > As for layouts, I was originally thinking of a tuning fork diagram,
> > so that we don't have to determine whether copyleft is more or
> > less free than non-copyleft. In any case, there'll be two dimensions
> > on a page, so you can do a bit more than this simple ordering.
> > That would also appear to be more convenient in terms of fitting
> > them into a browser window.
> >
> >> Possibly since PD, BSD (or BY, attribution aside) and copyleft are
> >> all FSF-Free and DFSG-Free we could avoid a meltdown by agreeing that
> >> all three are "free enough". NC and ND would be "less free", and ARR
> >> would be "fair use only". Or something.
> >
> > I think we do agree on that -- no meltdown required!
> >
> > I used the mottos to make this distinction:
> >
> > NO RIGHTS RESERVED -- Public Domain only
> > 1) because CC already uses this motto for PD
> > 2) because PD is non-controversial and generally understood
> > 3) because it emphasizes that no claim at all is made
> >
> > FREE AS IN FREEDOM -- Free licenses (as agreed on by FSF, DFSG, OSI,
> > the new "freedom defined" / "free expression definition", & me)
> > 1) because this is Stallman's favorite phrase
> > 2) it has great 'brand recognition' (because of 1)
> > 3) it acknowledges the bond to free software and distributions
> > (these are in "cool colors": blue and green)
> >
> > SOME RIGHTS RESERVED -- Non-Free CC licenses with distribution
> > allowances
> > 1) because this is CC's existing motto
> > 2) because these are the licenses most associated with CC
> > 3) because these are the licenses most popular with CC artists
> > "principle of least change"
> > (these are in "warm colors": yellow, orange, and red)
> >
> > ALL RIGHTS RESERVED -- Only ARR, not a CC license
> > 1) this label is intended to be used for classification, not
> > promoted
> > (red only)
> >
> > YOUR RIGHTS REMOVED -- EULAs only
> > 1) because we don't like EULAs!
> > 2) this is literally what distinguishes them from licenses: they
> > remove fair use rights by contractual agreement (or that's
> > the theory, anyway).
> > 3) this label is also intended only for classification, not
> > promotion
> > (in fact it's meant to draw attention to the hazards of EULAs,
> > by
> > providing a means of enumerating their particular
> > restrictions).
> > 4) to be honest, I was giggling a little when I drew this one, so
> > it's
> > only half serious -- but it was asked for in a previous thread
> > on
> > the list
> > 5) the little black square icons are meant to be modular tags for
> > particular kinds of EULA clauses, of course, and would result
> > in more than just this one badge -- they're in inverted colors
> > to
> > emphasize that they are restrictions beyond copyright law
> > (red only)
> >
> > In the end, though, I'm not going to defend copyleft=blue,
> > non-copyleft=green to the death. It makes more sense to me,
> > and I will make the case for it, but my strongest argument is
> > that they should have different colors, but the same motto.
> >
> > If the consensus is that my scheme makes less sense than
> > the reverse, I'm cool with that, it's just a matter of twiddling
> > fill patterns, after all. But I still think psychology trumps
> > physics, so arguments should be on that basis.
> >
> > For myself, I'm not convinced that the general public even
> > *knows* the "ROYGBIV" order of colors in the rainbow.
> >
> > I also like the fact that there are two different interpretations
> > of "freedom" and two different interpretations of the color
> > order, so it's possible for both sides to claim victory here. ;-)
> >
> > Cheers,
> > Terry
> >
> > --
> > Terry Hancock (hancock AT AnansiSpaceworks.com)
> > Anansi Spaceworks http://www.AnansiSpaceworks.com
> >
> > _______________________________________________
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> > cc-licenses AT lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
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