wikimania 2016 - user digest: licenses, open policies
TRANSCRIPT
User digestLicenses, open policies
Federico MorandoNexa Center for Internet & Society, Politecnico di Torino – fellow
Creative Commons Italia – public lead
Wikimania 2016, Esino Lario – June 25, 2006
June 25, 2016 User digest/Licenses, open policies 2
copyright 101● from Wikipedia
● “Copyright is a legal right [...] that grants the creator of an original work exclusive rights for its use and distribution”
● copyright “default rule”:● full protection (“all rights reserved”)
– maximum duration (typically: life + 70 years)
● no formality required (not even the ©)
● generalised by Berne Convention● and enforced via WTO trade agreements
● the “iron law of default inertia” works toward “all rights reserved”
June 25, 2016 User digest/Licenses, open policies 3
corollary to © 101● copyright default rule = all rights reserved
● “copyright” in a broad sense– droit d'auteur– sui generis database right, etc.
● without a clear statement to “opt out”● content and data locked data
– unless exceptions and limitations apply– unless content and data in the public domain
● assumption that everything is forbidden● wrong, but reasonable
June 25, 2016 User digest/Licenses, open policies 4
open licensing 101● open content and data “require” open licenses
● otherwise, risk of legal uncertainty
● “license” ↔ give permission● a promise (by the licensor) not to sue (the licensee)
– as long as certain conditions are respected
● “open” in the sense of the Open Definition● “Open means anyone can freely access, use, modify, and
share for any purpose (subject, at most, to requirements that preserve provenance and openness).” or
– “Open data and content can be freely used, modified, and shared by anyone for any purpose”
June 25, 2016 User digest/Licenses, open policies 5
choosing a license● when institutions develop an open policy, a lot of
discussions concern the choice of the best license● suggestion:
● “legal interoperability” as guiding principle– possibility of (legally) mixing content and data coming from
different sources (e.g. government data, UGC, corporate data)– and using them within a broad range of projects and business (and
community) models
June 25, 2016 User digest/Licenses, open policies 6
a view on license interoperability complexity
● given the original license (on the lines)● can I use a given standard license (on the columns) for a
“derivative” work/DB?
June 25, 2016 User digest/Licenses, open policies 7
zooming on license interoperability
June 25, 2016 User digest/Licenses, open policies 8
most open licensees OK to feed Wikipedia...
June 25, 2016 User digest/Licenses, open policies 9
more challenging task with Wikidata...
June 25, 2016 User digest/Licenses, open policies 10
universal donors
● Creative Commons Zero (CC0)● Public Domain Dedication or License (PDDL)● tagging of public domain content with the PDMark
June 25, 2016 User digest/Licenses, open policies 11
do we have universal receivers?
● strictly speaking, no● (rectius: keeping the data within you firm's secret
datacenter)
● amongst open licenses, CC BY-SA is arguably the best candidate
● could safely be used to publish derivative works of any Public Domain or Attribution waiver/license
● considering the amount of available content and data is the first candidate for any “interoperability clause” in other SA licenses
– Art Libre License– GNU FDL (temporary) interop.; IODL 1.0
June 25, 2016 User digest/Licenses, open policies 12
non-commercial reminder● the NC debate characterizes the first phases of
most “re-use friendly” initiatives● de facto, the NC licenses are only compatible with other NC
licenses
● always remind (to your institution) some basic things
● Non-Commercial → no (standard) business models● NC also → no (open) communities
– impossible to re-use for non-profit groups including Wikipedia and Wikimedia projects, OpenStreetMap, etc.
● Non-Commercial → NO Wikipedia (DBPedia) & NO OpenStreetMap
June 25, 2016 User digest/Licenses, open policies 13
rights clearance
the “serious” problem is not choosing a licence
being sure that one may lawfully apply it to a piece of content is the actual challenge
nemo plus iuris transferre potest quam ipse habet
June 25, 2016 User digest/Licenses, open policies 14
Case 1: Open Data in Italy● public servants manage our own assets
● most of the time, they are in good faith– personally, they frequently like the idea that their work is made
more useful → pro openness and re-use
● yet, they may need to be reassured– going step-by-step may work (OR not: keep “leave” as option)
● Italian Open Data License “psychological evolution”
● IODL Beta version: like CC BY-NC-SA● IODL 1.0 version: like CC BY-SA● IODL 2.0 version: like CC BY
June 25, 2016 User digest/Licenses, open policies 15
Case 2: Open GLAM in Italy● Italy (as Greece and Turkey) has a peculiar
Cultural Heritage Law● creating a kind of intellectual property right on cultural
heritage goods extending to their pictures– applies also to monuments (no “panorama freedom”)
● the Internet/digital revolution, together with much lobbying in public interest, achieved some results
● liberalizing personal reproduction, but also publication (online), as long as commercial reuse is prevented
● current goal● let the Ministry understand that reciprocity (SA) is nicer
and more productive than non-commercial (NC)
Grazie!
presentation available and re-usableunder a Creative Commons BY 4.0 license
https://creativecommons.org/licenses/by/4.0/deed.it