Creative Commons Aotearoa New Zealand discussion

[Danyl Strype <strypey AT disintermedia.net.nz>]

Kia ora koutou

I just read an article published by Students for Free Culture in the
USA, advocating for the retirement of the No-Derivatives, and
Non-Commercial clauses from the CC license suite:
http://freeculture.org/blog/2012/08/27/stop-the-inclusion-of-proprietary-licenses-in-creative-commons-4-0/

I have to admit I have had similar thoughts myself for some time. When
I watch Lawrence Lessig's TED Talks on copyright, exploring the
motivations that led him to found CC, I can't help but think that a ND
license doesn't actually solve the problems he identifies:
http://www.ted.com/speakers/larry_lessig.html

As for NZ, after 10 years of following the development of CC, and 7
years involved in CC ANZ, it seems to me that all of the theory that
justified having an NC option available has just not worked out in
practice. An article from the Web@Rights blog
(http://www.webcitation.org/6AFGw9ClV) tells the story of Jonathon
Worth, a professional photographer who found that licensing his images
under a very permissive CC license actually helped him to sell
official copies. Anyone who remembers the Napser controversy will
remember the story of heavy metal band Metallica, whose "black album"
sold millions of copies on the back of the pre-internet habit of
"bootlegging", where fans record live shows and pass the tapes around
to their friends. Same story, different medium:

By contrast, no amount of publishing writing online under an NC
license has helped in getting anyone to pay me for writing. All it's
done is create a chilling effect, where any organisation which pays
staff or sells anything to cover costs is afraid to print my writing,
in case they are considered "commercial" and inadvertently violate my
license. I now use CC-BY-SA instead of CC-NC-SA for my writing.

The ND and NC licenses have contributed to a robust global discussion
around how copyright can work for everyone in the digital era, and
what "free culture" and "free license" really means. They have been a
safe paddling pool for people who want to dip their toe into a more
open approach to licensing, particularly for institutions who have
risk and change aversion written into their legal DNA. However I agree
with SFC, NC and ND have done their job, and it's time to put them out
to pasture.

Keen to hear others' thoughts on these issues.

He mihi nui
Strypey

-- 
Danyl Strype
Community Developer
Disintermedia.net.nz/strype

"Geeks are those who partake in our culture."
- .ISOcrates

"Uncomfortable alliances are not just necessary; they reflect and
speak to the tremendous possibility of our political moment."
- Harmony Goldberg and Joshua Kahn Russell
http://www.nationofchange.org/new-radical-alliances-new-era-1337004193

"Both Marxists and Chicago-school libertarian economists can agree
that free software is the best model."
- Keith C Curtis
http://keithcu.com/wordpress/?page_id=407