Moving Away From Creative Commons

Sometime in the past week I got rid of my Creative Commons license. I had stuck by my non-commercial, no-derivative license for almost two years now, defending and justifying it to heavy scrutiny and arguments. While I still stand firm on those grounds, a CC license isn’t really the way to go for a weblog.

When I put a license at the bottom, it means that everything on the site is bounded by that license. My articles, comments, code, quotes; everything. By using a no-derivative license, I was hampering someone taking my thought and building on it. I know it is cumbersome to constantly seek permission before beginning a derivative work, which is why I got rid of it. The entire idea of a weblog is to share and receive — may that be ideas, thoughts or news and information.

Licenses for blogs are meaningless

Today, there are enough blogs that feed-scrape and replicate your content, while filling up their pages with advertisement to generate some revenue for themselves. There are also blogs that do the same, but go ahead and claim it as their own content. In this day and age of online plagiarism, having a license doesn’t deter anybody. They will do what they want to do whether or not you allow them to. The most you can do is ask them nicely to take it off, or use the terms of your license to force them to take it down. I have yet to see a license used in a legal lawsuit which deals with online content. Trying to implement your own license using either Creative Commons or any other license delegating service, requires you to read through and understand the terms. There is no way you can define your own terms, in your own language, using the existing services. This is where a simple “Copyright” can come in mighty handy, and that is the approach I plan to take from here-on.

The beauty of a copyright notice is that it has a universal meaning that is clear to everyone. Only the person specified has the “right to copy” the content on the page(s). It’s that simple, and there are no two ways about it. If you want to create derivatives, go ahead. Citations, attributed use etc. are all welcome. Everything, except copying. It follows from printed matter which contain the same copyright notices. Since weblogs are just online versions of printed journals, it is only fair they be treated the same way.

Licenses for code - necessary

I only speak about removing licenses for your blog’s content. Any public releases like themes, source-code, programs and the like should be licensed to protect your effort and time along with the intellectual property rights. For this, I again deviate from the Creative Commons which seems much more restrictive and limited in its use and understanding. I very much prefer the MIT-style or GPL license. It contains all terms that are important, while not restrictive for anyone who might want to use it in a creative way. All my plugins and (in the future) themes will be released under a GPL license, to save headaches for anyone who might want to use them.

Our job here is to promote creativity and ingenuity with our work, not to make a developer think multiple times before using our code. I would like everyone who uses a Creative Commons license for anything other than pictures and code, to seriously think again. Evaluate what exactly you want from your license, and how much safety net you want to allow others when they use your material. See if GPL doesn’t cut it (which is very unlikely). The more varied license terms we have to get used to, the lesser work we will actually get done.

I will be putting up the terms of my copyright soon enough. If you’re one of the people who was “horrified”, wait for it.


9 Comments

gravatar

“It’s that simple, and there are no two ways about it. If you want to create derivatives, go ahead. Citations, attributed use etc. are all welcome.”

Wrong. Allrightsreserved doesn’t allow these uses at all. See whatiscopyright.org The whole point of CC is to be less restrictive, not more. CC says the few things you still can’t do, without a license you’re saying visitors can’t do anything. If “The entire idea of a weblog is to share and receive” then you should use a license that allows that - hence my move to CC-BY.

“I will be putting up the terms of my copyright soon enough.”

Oh, you mean your new license? You do realize that’s what a license is, right? Therms of copyright?

gravatar

Nowhere have I enforced an “All rights reserved” license. I’ve simply said “copyright” which until my terms are defined, should mean you can’t take anything without my permission. It’s not a permanent thing. By your logic, every citation of anything we’ve read in a book or magazine is illegal. The idea is to “share and receive”, but I want to guide the terms on how I want you to share and receive. No license out there lets me do that, so I use the all binding copyright, and slowly give people breathing space based on how I see it fit.

I’ve taken a “everything that is not mentioned is not allowed” approach, because I believe there are many things I’ve written and come up with which need to be protected. Your move to any license is how you see your content. I prefer to keep my property close to me, and get the deserved credit.

“You do realize that’s what a license is, right?”

Again, I didn’t say anywhere that there will be no license and it’s an all encompassing rule that you’re taking nothing from my site ever. I just ask for a little patience. And if there is something that you want to use so badly, you can always ask.

gravatar

1) All rights reserved is the automatic terms (as specified by the Berne Convention) unless you say otherwise - you don’t even have to say ‘copyright’ to be all rights reserved

2) “By your logic, every citation of anything we’ve read in a book or magazine is illegal” - mostly, unless deemed as fair use by the courts - this is not my logic, it’s the letter of the law (read the Berne Convention sometime… fuuuun ;) or just read whatiscopyright.org)

3) “until my terms are defined” - by your license ;)

4) “everything that is not mentioned is not allowed” - ie, all rights reserved, since you haven’t explicitly mentioned anything. This is perfectly in keeping with law.

I know you didn’t mean to say that there will be no sharing ever ;) I didn’t mean to imply that you’re evil. I’m just saying that it sounds like you agree with the spirit of the CC licenses (especially the more liberal ones) - but for some reason want to invent your own custom license and are moving through all rights reserved (which, as I’ve said, is the default legally until you put out your new license) until you get it done. Fair enough.

gravatar

I don’t want to keep a CC license because I think “they’re” evil. I sat through 15 minutes once trying to think like someone who would want to use something bound by my previous ND license, and realised that if it takes someone 15 minutes to just read the license, they can forget about ever making anything off of it.

I have always spoken for protection of rights and property, even when Facebook joined the DP workgroup. I strongly believe every person has every right to allow/disallow use of what they write and create. Just because I don’t want rampant use of my property, does not make me wrong. On the other hand it shows that I take my property seriously.

Your first point basically answers all your questions and doubts. “Unless you say otherwise”. I “am” saying otherwise. I just need a little time to work it out properly.

“… but for some reason want to invent …”

I give the reason at the end of the third paragraph.

gravatar

Well, I can’t really say much more until you release your new license. Sounds to me like a lot of work when all you want to do is enable sharing.

Good presentation on this stuff (not this specifically, more free culture in general) if you (or others reading this) feel interested: http://randomfoo.net/oscon/2002/lessig/free.html

gravatar

Aditya, it might take someone 15 minutes to read the license, but what about losing the benefit of machine readable licenses when you switch to your own, simpler to human-read license?

gravatar

@lance - no one reads the Creative Commons legal code - they just look at the human-readable deed. I read the legal code once to modify - as an experiment. Wasn’t too bad, but it’s not something most people ever need to do.

On the topic of machine readable, as long as your license has a permalink and you rel=license it, you are machine readable. If you really want all the different can/can’t stuff you can still use the CC-RDF experiments to specify your own combination.

gravatar

lance » Yes, nobody reads the “license” part of the license, because it’s just plain big and boring. The part which they do read, just tells them what they can’t do. That doesn’t work for me.

I want to tell people what they can do, blocking everything else off (including anything not mentioned). “Machine readable” doesn’t matter, because the machine doesn’t need to understand your license. It just needs to be able to locate your license, which as Stephen said, needs a rel='license' attribute to the link.

gravatar

@Steven, I don’t really consider any permalink with rel=license as machine readable. It’s just tagged unless a computer can understand it. CC-RDF would be machine readable.

As for Aditya not missing the machine readable aspect of CC, well, I have my answer.


Leave a comment

You can use all presentational tags, but I prefer if you use Markdown. It's just easier to use.

RSS feed for comments on this post. TrackBack URL

Copyright © 2006-08 Aditya Mukherjee | Valid XHTML 1.0 Transitional Valid CSS!