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  • From: Kat Walsh <kat AT creativecommons.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Revised ShareAlike Statement of Intent: comments open until 21 February
  • Date: Wed, 19 Feb 2014 14:24:36 -0800

Thanks for the comments everyone has sent--hearing this feedback,
we've decided to put this away and revisit it as general versioning
principles at a later date.

-Kat

On Thu, Feb 13, 2014 at 12:00 PM, Kat Walsh <kat AT creativecommons.org> wrote:
> There hasn't been much feedback or interest expressed on this--none
> public, and only a small amount from those we've spoken to outside the
> lists. We're hesitant to make a public commitment to our license
> community, particularly on points where there may be dispute or where
> clarification is needed, if there isn't interest and participation. We
> did receive some internal input that it would perhaps be better
> reworked as something not specific to the ShareAlike licenses and
> compatibility, but rather to our versioning process in general, and we
> are considering that as a better option.
>
> If this statement isn't accomplishing its intended goals in its
> current form, or at least not as a part of working toward license
> compatibility with licenses outside the CC suite, we think the best
> option is to put this aside to be reworked in the future as something
> more general. However, this decision is not yet final, and we welcome
> feedback on both the statement itself and CC's course of action.
>
> -Kat
>
> On Mon, Feb 3, 2014 at 2:04 PM, Kat Walsh <kat AT creativecommons.org> wrote:
>> Summary: revised version of Statement of Intent posted. Comments open now,
>> and closed on the 21st of February, with specific prompt in this
>> message about including the last two items.
>>
>> ----
>>
>> We have made a few revisions to the draft statement of intent for the
>> ShareAlike licenses in preparation to publish it in the next few
>> weeks. As described previously, this document will be a commitment by
>> Creative Commons to the characteristics of all future versions of the
>> ShareAlike licenses. The initial version was posted in November for
>> discussion.
>>
>> As posted Nov. 15:
>> http://wiki.creativecommons.org/index.php?title=DRAFT_ShareAlike_Statement_of_Intent&oldid=95367
>>
>> Previous cc-licenses post:
>> https://lists.ibiblio.org/sympa/arc/cc-licenses/2013-November/007506.html
>>
>> Comparison of old and new version in legible format:
>> http://wiki.creativecommons.org/images/3/39/ShareAlike_intent_changes.pdf
>>
>> The document is substantially the same, but there are a few changes.
>> Some changes involve clarification of points that could otherwise have
>> been unclear or open to misinterpretation. Some of the changes include
>> mentioning the ported licenses: while we are seeking to minimize
>> porting of 4.0, the possibility is still open, both for 4.0 and for
>> potential future versions.
>>
>> The final discussion period is beginning now--we intend to close
>> comments and prepare the final version by February 21. The document is
>> open for general comments on all aspects, but we'll be sending a few
>> specific discussion prompts between now and then.
>>
>> The first question is on the two final items included in this draft
>> for discussion, #9 and #10, that we expect not to keep in the final
>> document without persuasive argument in favor of it or significant
>> revision:
>>
>> #9, on sublicensing: while the prohibition on sublicensing is
>> currently an important part of the way the licenses function, it is
>> possible that exceptions could be made in the future (and, indeed,
>> many such proposals were made during the 4.0 process, though
>> ultimately none were accepted). We are raising the point as a
>> potential item, but are likely to remove it unless a strong case is
>> made that this is essential to preserve in any future ShareAlike
>> license.
>>
>> #10, no further restrictions or conditions on reuse. Proposed, but
>> difficult to make sufficiently specific to avoid overcommitting and
>> restricting future changes that would otherwise be desirable to the
>> SA-using community.
>>
>>
>>
>> The current text is available on the wiki at:
>> http://wiki.creativecommons.org/DRAFT_ShareAlike_Statement_of_Intent
>>
>> Reproduced here:
>>
>> With the publication of version 4.0, which allows Adapted Material to
>> be used under the conditions of a later license (instead of, and not
>> in addition to, the original license applied), it has become important
>> to make a public commitment to uphold important attributes of the
>> ShareAlike licenses and their key conventions and processes. This is
>> in addition to the previous commitment we made, expanding upon it to
>> specifically address concerns around the way licensed material may be
>> used in adaptations under a later version of the ShareAlike license.
>>
>> While we intend to ensure that future license versions (including any
>> potential ported licenses) maintain the same spirit and general
>> operation as the previous versions, with this change to the license we
>> think it is important to clarify further what users of our licenses
>> can expect. Many of these commitments apply to all of CC's licenses,
>> not just ShareAlike, but it is in this context that they are currently
>> most important to name.
>>
>> This is not the same list as the criteria for compatibility. While we
>> expect that many of these will also inform considerations of license
>> compatibility, there may be reasons for a compatible license to
>> differ--for example, while we believe it is important to have a public
>> drafting process, there may be licenses drafted privately which should
>> nonetheless be candidates for compatibility.
>>
>> This is a commitment to the license-using community for post-4.0
>> versioning efforts of the ShareAlike licenses and any of its official
>> translations. (It also applies to any ports of version 4.0 and ports
>> of later versions.) It is possible that in the future, CC will decide
>> to create a copyleft license that deviates from the statements
>> expressed here and in the prior statement; if this happens, it will
>> not be called a ShareAlike license.
>>
>> 1. Any license that CC calls a ShareAlike license must adhere to
>> these commitments, in addition to any previous commitments.
>>
>> The following commitments are to elements of substance and process
>> that CC considers essential to the ShareAlike licenses. Any license CC
>> stewards that deviates from these commitments will not be called a
>> "ShareAlike" license, and would not be automatically compatible with
>> previous versions of ShareAlike.
>>
>> 2. The SA licenses will always themselves be revised through a
>> public process just as with our other licenses and legal tools.
>>
>> We believe that community input and development in the open is
>> essential to the development of widely-used public licenses,
>> especially where future decisions of the license steward will affect
>> the expectations of current licensors. Creative Commons is committed
>> to continuing to develop the ShareAlike licenses using a public
>> process, with input from the community of license users and other
>> stakeholders. All decisions CC makes on the substantial elements of
>> the license will be publicly documented, and open to public or private
>> feedback before the text is final.
>>
>> 3. Compatibility with ShareAlike for licenses not stewarded by CC
>> will always be determined by a public, transparent process.
>>
>> Because licensors are granting permission for their works to be
>> distributed as part of Adapted Material reused under the conditions of
>> any compatible Adapter's License, it is important that any such
>> license not stewarded by CC be named only after consultation with the
>> license-using community, just as CC licenses are developed through a
>> community process.
>>
>> 4. The scope of rights covered by the licenses will never be
>> narrowed, but it may expand.
>>
>> Future users of the material should have all of the rights and
>> freedoms that a licensor intended to grant them, and should know that
>> they have them. Ideally, this wouldn't need to change between
>> versions. However, new legislation continues to be enacted which has
>> an impact on the rights granted under copyright, and which creates new
>> rights that have similar effects. We've seen this in the relatively
>> recent past with the creation of the sui generis database right and
>> with various broadcasting rights, and we expect this to continue.
>>
>> While CC and many in its global network will continue publicly
>> opposing such expansions of copyright-like rights, we need to preserve
>> the ability to address them in the licenses where they do come into
>> effect. The 4.0 licenses are intended to cover all of the
>> copyright-like rights that may affect a licensee's ability to exercise
>> the core right licensed, copyright--which is why they are licensed
>> alongside the copyright itself. For this to continue to be true, the
>> scope of the license may need to expand, either by licensing or
>> waiving/not asserting these new rights, as the legal environment in
>> which our licenses operate evolves. (However, were we to expand the
>> scope of rights licensed, those newly included in subsequent versions
>> would not be automatically considered to be granted by the licensor.)
>> Rights not asserted in the 4.0 license, including both those
>> explicitly not licensed and those not mentioned at all, may be
>> included as licensed rights in future versions, but may not become
>> reserved rights.
>>
>> 5. The ShareAlike licenses will always be designed to operate as
>> internationally as possible.
>>
>> Early versions (pre-3.0) of the licenses were drafted against U.S.
>> law, which created complications for material created in and shared
>> across many other jurisdictions. With the 3.0 suite, CC made its first
>> effort to internationalize the licenses, creating a version that
>> licenses rights across the globe. With 4.0, still further improvements
>> to internationalization have been made. Future versions will also be
>> drafted with this principle in mind, addressing the existing and
>> changing legal environments around the world, to better reduce
>> barriers to worldwide sharing; this may necessitate many small changes
>> in newer versions to address these needs.
>>
>> 6. The ShareAlike licenses will never attempt to override
>> exceptions and limitations, or regulate uses of material in the public
>> domain.
>> While copyleft is a valuable tool for creating a commons of free
>> works, exceptions and limitations to copyright are essential to free
>> expression and upholding the balance that copyright strikes between
>> authors and the public. We do not believe any public copyright license
>> can or should attempt to override these through contractual or other
>> means. To that end, no ShareAlike license will attempt to extend its
>> reach to control uses that are in the public domain, uncopyrightable,
>> or protected by recognized exceptions and limitations to copyright and
>> other rights covered by the licenses.
>>
>> 7. The ShareAlike licenses will always require some manner of
>> attribution, and permit anonymity.
>>
>> The attribution requirements have changed across versions, including
>> greater flexibility to allow for many different types of usage, but
>> proper attribution will always be required by the license,
>> particularly an element or mechanism by which the author or creator
>> can be identified. (But anonymous and pseudonymous authorship will
>> always be permitted--an author may waive this condition, decline to
>> provide a name, or supply a pseudonym to be credited by.)
>>
>> 8. The ShareAlike licenses will always be compatible with later
>> versions of the same ShareAlike licenses.
>>
>> Any license that shares the same name should be one that has
>> essentially the same features and intended effect as a previous
>> version, even if its exact terms accommodate new situations and new
>> knowledge. Because of this, when you have material under any post-1.0
>> ShareAlike license, all future versions will be permissible adapter's
>> licenses.
>>
>> (Backward compatibility with previous versions is not, however,
>> guaranteed--candidates for backward compatibility will be evaluated
>> case-by-case and listed on the compatibility page where applicable.)
>>
>> 9. The ShareAlike licenses will always prohibit sublicensing.
>>
>> While we believe that allowing the flexibility of complying with
>> conditions of a later version or a compatible license improves the
>> usability of the ShareAlike licenses, we think it's important that the
>> license always flows directly from the licensor to any reusers. It is
>> the original licensor granting the permissions that a user gets, and
>> not anyone who has received the material in between.
>>
>> 10. No further restrictions or conditions on reuse will be added
>> to the ShareAlike licenses.
>>
>> The conditions in the ShareAlike licenses are limited to those we
>> think necessary to allow works to be shared and adapted freely using
>> the copyleft mechanism and avoid neutralizing parts of the license. To
>> avoid introducing additional friction to reuse, future versions of
>> ShareAlike will not impose any other conditions on exercising the
>> licensed rights.
>>
>>
>> ----
>>
>> -Kat
>>
>> --
>> Kat Walsh, Counsel, Creative Commons
>> IM/IRC/@/etc: mindspillage * phone: please email first
>> Help us support the commons: https://creativecommons.net/donate/
>> California Registered In-House Counsel #801759
>> CC does not and cannot give legal advice. If you need legal advice,
>> please consult your attorney.
>
>
>
> --
> Kat Walsh, Counsel, Creative Commons
> IM/IRC/@/etc: mindspillage * phone: please email first
> Help us support the commons: https://creativecommons.net/donate/
> California Registered In-House Counsel #801759
> CC does not and cannot give legal advice. If you need legal advice,
> please consult your attorney.



--
Kat Walsh, Counsel, Creative Commons
IM/IRC/@/etc: mindspillage * phone: please email first
Help us support the commons: https://creativecommons.net/donate/
California Registered In-House Counsel #801759
CC does not and cannot give legal advice. If you need legal advice,
please consult your attorney.




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