Also, @Rami:  I couldn't find any input in:
http://staging.creativecommons.org/licenses/by-nc/3.0/jo/legalcode ..?
Also, why is the HQ suspending the approval of Jordan's work so far?

Thanks,
M

2012/3/29 Moushira Elamrawy <[email protected]>

> Thanks for your reply Dona,  I really appreciate your elaborate reply,
> however, sorry to tell that I again disagree with you :))
>
> On 3/27/12, [email protected] <[email protected]>
> wrote:
> > Hi everybody
> > thanks for the interesting discussion
> > for the legal issues concerning CC Jordan, version 4.0 etc I`ll leave
> > HQ answering. This is a global strategy, not a regional one, so I feel
> > they would be right people to answer,so I `ll ask Diane our general
> > counsel to jump into this discussion
>
> Not sure I understand how the separation works? I thought the regional
> strategy is part of the global strategy by default.
>
>
> > I can certainly answer from the regional point of view and the
> > community activities in the Arab world. Moushira you`re quite new in
> > the community but we have done lots of things, last but not least the
> > first experiment of joint music content creation in Tunis, which we
> > have just recorded. If you go back to the messages in this list you
> > will see that we have done a 3 hours concert in Tunis, music workshops
> > that have led to the production of these tracks.This is content
> > creation, indeed. And CC does not produce content directly, of course,
> > but we try to create the opportunity and the platform to do it.
> > Then we have done a number of Salons, a regional project called CC
> > Iftar twice, 3 regional meetings, a collective project called CC
> > Evolution, art exhibitions, parties, community meetings in many Arab
> > countries and we are planning now the first Salon in Algeria and
> > Palestine and hopefully Morocco too.
> > I think we have done lots of activities and we`ll continue doing,
> > despite the very difficult times the region is living in.
>
> I am new to the list, but I have been following CC's progress in the
> region, since I became engaged with Wikipedia, as a volunteer, in
> 2007. The gatherings are very nice of course and a wonderful idea to
> socialize and share ideas, we can't start without them, but what are
> the strategies of these gatherings?  What are the lesson learnt..and
> how do we move to the-after-partying steps?
>
> > You have to remember that this is a volunteer based and run community
> > so everything that comes out comes out from the time and generosity of
> > people that are donating their time and skills. I think to this
> > respect the Arabs have been doing amazing stuff in these past years
>
> I obviously mentioned my involvement with Wikipedia as a volunteer
> myself, so I understand how that works, and my current consultation
> with Wikimedia involves working with a much lager number of CC
> volunteers, so I don't think I am missing that part.
>
> > As for legal adoption, I agree with you that this is important but
> > there are limits to what we can do: first of all, being volunteer
> > based, this process is also left to the generosity of our affiliate
> > teams. We dont do legal lobbying directly, it is up to our affiliates
> > to do legal work in their countries. And the IP situation is so
> > different in the Arab world, where there are very creative countries
> > with lots of content but completely not interested in enforcing IP ,
> > others with much more strict laws and interest in the topic. We cannot
> > simply generalize.
>
> Again, talking about strategies.  Because legal nodes have already
> progressed in their contribution, as you just mentioned, so why did
> things completely stop at some point?
>
> > Also, I dont think that it`s the lack of a local ported license that
> > prevents people from using CC or writing for Wikipedia. Globally, the
> > majority of CC community uses the unported cause it is the more
> > convenient when you create  content for global distribution..this is
> > also the one that, in the Region, was used by Al Jazeera. They didnt
> > wait for a CC Qatar license to be ported, they used the global. As
> > much as the Wikipedia community does not have to wait for ported
> > licenses to create content, the global license is valid and enforced,
> > so nobody should be fearful to use it, it has a legal value indeed.
>
> Do I understand from that that the global CC strategy is to enforce
> the global license, rather than the localized ones?  If this helps the
> cause of global sharing, then thats fine, but then why did the legal
> teams volunteered their team on the localization work earlier?
>
> > Now if the two communities want to help each other I think they can
> > cooperate in translation,for example: cause the global license is
> > still in English and not in Arabic.There have been efforts to
> > translate a global unported license in Arabic and our legal leads were
> > working together to do this, but there are so many community based non
> > legal translations to do!
> > For example the human deeds..For example contributing for the regional
> > website in Arabic which is so far existing but with very few
> > contribution, and mostly coming only from CC Qatar
> > http://www.ccarabworld.org/ar/
> >
> > So if we want to coordinate these efforts within the two communities
> > this would be great
> >
> > Also, maybe we should set a joint community meeting -on the web- where
> > we invite the communities to make proposals and give their point of
> > views cause there are many people who dont like to use the list for
> > long discussions, they usually email for example on private basis..
> > do you think it would be a good idea to do a web seminar to discuss
> > these issues with whoever in the communities is interested?
>
> As I mentioned earlier. Discussions and gatherings are so important,
> but at the moment, I still have several un-answered question among
> this thread, so we need to start on clear basis, in order to be more
> efficient. As a regional coordinator Dona, I appreciate your helping
> me figuring what are the problems, and what are the small steps that
> can make a difference, without discussing general political or
> cultural issues, please.
>
> Back to legal:  Do we need the localized license at all, or shall we
> just use the global one and stop the legal activities? If this is not
> the case, then why did the work done in Egypt and Jordan hibernate, is
> it an admin issue?
>
> There should be a strategy: Do we need legal lobbying or no?  If no,
> thats good news, however it means that the lawyers here have been
> wasting their time.  If the answer is yes, then how isCC as a
> foundation supporting those efforts lead by volunteers? If the
> foundation doesn't have to support those efforts, then can you at
> least brief to me what are the deficiencies within the regional legal
> status? Do we need more lawyers?  Do we need more outreach? Are there
> certain community building strategies?  These are all un-answered
> questions that I can't figure out myself.
>
>
> Sorry about writing long..
>
> Thanks,
> M
>
> > I think Diane will also do the same for the 4.0 stuff, to explain
> > people who are interested what is that. But I prefer to keep the two
> > discussions separated
> >
> > Howeida, thanks for your input it would be wonderful to discuss more
> > in depth how we could think about a strategy for content creation
> >
> > Best
> > dona
> >
> >
> > On Mar 24, 2:40 pm, Moushira Elamrawy <[email protected]> wrote:
> >> Interesting info.
> >>
> >> I totally agree with Rami's input on the importance of legal lobbying. I
> >> think this is is key and this is should be the first priority for CC
> >> Arabia.
> >>
> >> I also hear Howaida on the issue of open content and the importance of
> >> defining a strategy for content creation, however, I am not sure what
> are
> >> the tools that CC has for supporting or boosting content creation?
> >>
> >> Speaking of where I belong, I am a consultant to Wikimedia for Arabic
> >> projects, and our focus is on community building in line with content
> >> creation. We currently have some info about plans on our wikis, however
> by
> >> next week, solid exact projects will be shared soon.  We have the tools
> of
> >> content creation and community building, since this normally how our
> >> activities are designed, but the usual problem we face, is when we start
> >> talking about open content and open license, and how "shareable" the
> >> Wikipedia content is, because people wouldn't understand what that is.
> >> Creative Commons isn't localized in many countries (it is translated,
> but
> >> I
> >> think the only "localized" version is the Egyptian - Correct me is
> >> mistaken). License localization is key. Supporting CC groups in their
> >> outreach activities is key.
> >>
> >> As far as Wikipedia is involved, by default we do promote to CC which by
> >> default helps create content, however, however, we need CC's support in
> >> legal lobbying and structuring this lobbying across the region.  Any
> >> strategy how legal and tech teams can work together across the region?
> >> What
> >> are the countries that lack legal support, i.e. countries with
> communities
> >> of artists and IT, but lacks legal experts?
> >>
> >> I am open to any support that myself as an individual, or again as far
> as
> >> Wikimedia projects are concerned, can offer, so that we have a
> significant
> >> shift in the near future.
> >>
> >> Thanks,
> >> Moushira
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >> On Sat, Mar 24, 2012 at 10:26 AM, Rami Olwan <[email protected]>
> wrote:
> >> >  Dear all,
> >>
> >> > I usually don't respond but I have to make things clear here for the
> >> > record. CC Jordan was the first to adopt and port the CC project for
> the
> >> > Arab world. Ziad and I have been working on this project from its
> early
> >> > stage of international development. CC Jordan did the first launch of
> >> > the
> >> > project (not licenses) and the first CC saloon in the Arab world in
> >> > November 2009. There was no other translation done in Arabic and we
> had
> >> > to
> >> > translate every single word and read other licences specially those
> >> > similar
> >> > to our civil law jurisdiction in Jordan (French and Spanish licences).
> >> > All
> >> > 5 Jordanian CC licenses (version 3) were finalised since August 2010
> >> > before other jurisdictions and you can view a sample licence here
> >> >http://staging.creativecommons.org/licenses/by-nc/3.0/jo/legalcode. I
> can
> >> > explain the legal changes that we had to make to the first generation
> of
> >> > CC
> >> > licences (released internationally in December 2002 and based
> primarily
> >> > on
> >> > Anglo- American legal system different from our legal system).
> >>
> >> > What remains for the work to be regarded as complete is an approval
> from
> >> > CC HQ and publishing the licences live on their server website
> >> > (currently
> >> > it sits temporary on their staging site). We have been waiting for
> this
> >> > to
> >> > happen for years, but unfortunately it didn't take place. The reason
> >> > that
> >> > was given to us for not approving the finalised Jordanian CC licences
> is
> >> > because the MOU (now called affiliation) which we signed in 2003 with
> CC
> >> > international is no longer valid as it ceased to operate, and
> therefore
> >> > there is presently no official CC Jordan to launch the Jordanian
> >> > licences.
> >> > You can visit the CC international page here
> >> >http://wiki.creativecommons.org/CC_Affiliate_Networkand find that
> Jordan
> >> > is currently not one of the CC countries.
> >> > **** **
> >> > I don't think we can advance the development of the CC project in the
> >> > Arab
> >> > world without having the legal platform in place. The experience of
> >> > other
> >> > very successful CC jurisdictions such as CC Brazil and CC Australia
> >> > tells
> >> > us that without having the legal infrastructure (proper copyright
> >> > system,
> >> > CC licences and CC legal experts) in place any CC project could not
> >> > develop
> >> > as it should be. We have also to make sure that we understand the
> >> > cultural
> >> > differences that exist between the CC jurisdictions that can of course
> >> > have
> >> > an implication on the adoption of the CC project by our community and
> >> > the
> >> > public at large. We have seen only in the last few years an increase
> in
> >> > the
> >> > number of enthusiastic people who want to support CC in the region
> (many
> >> > of
> >> > them have an IT and internet background). I can explain the many
> >> > problems
> >> > that we encountered specially in Jordan when we started the project
> and
> >> > the
> >> > porting process.
> >> > ** **
> >> > I am aware that CC is working on version 4 for some time now and there
> >> > is
> >> > a lot of discussion and critique taking place on this particular
> >> > initiative. We need to consider it carefully in the Arab world, but
> >> > before
> >> > doing so we need to finalise the work that we have started on version
> 3.
> >> > I
> >> > think it is critically important to make sure that we have the
> necessary
> >> > legal tools that allow people to share legally and effectively in Arab
> >> > countries. This would empower local creators (e.g amateurs, artists
> and
> >> > researchers) and increase the pool of creative work that public can
> use
> >> > for
> >> > their benefit. It would also help in popularising Arabic content and
> >> > share
> >> > it with like developing countries and the rest of the world.
> >> > ** **
> >> > I hope I have given a good overview of the development of the project.
> >> > If
> >> > anyone wants to know more about the history when CC started its
> porting
> >> > project not only in Jordan but internationally, I am happy to provide
> >> > full
> >> > background with dates and support.
> >>
> >> > Regards,
> >>
> >> > Rami Olwan
> >> > Postdoctoral Research Fellow, QUT Faculty of Law
> >> > PhD (QUT), LLM (Columbia Univ, NY, US)
> >> > Phone:    +61 731389591
> >> > Fax:       +61 731389395
> >> > Mobile:  +61 413743395
> >> > Website:http://www.olwan.org
> >> > Address: Level 1, 126 Margaret Street
> >> > Brisbane QLD 4000
> >> > Australia
> >>
> >> >   *From:* Moushira Elamrawy <[email protected]>
> >>
> >> > *To:* donna d.r. <[email protected]>
> >> > *Cc:* [email protected]
> >> > *Sent:* Saturday, 24 March 2012 6:33 AM
> >>
> >> > *Subject:* Re: [cc-arab-world] How is CC doing, legal wise?
> >>
> >> >  Hi Dona,
> >>
> >> > Thanks a lot for your reply.  I am not sure I agree with all the
> points,
> >> > specifically the content creation one.  CC isn't responsible for
> >> > boosting
> >> > content creation as much as it is responsible for content creation as
> >> > much
> >> > as it is responsible for promoting the license in an effective way
> >> > that guarantees as much available content is possible is under CC
> >> > license.
> >>
> >> > Every region and language has its specific cultural issues that can
> slow
> >> > down things or direct them to a certain way. If are discussing how
> >> > law-abidance and cultural issues in "general" are the main problem for
> >> > CC
> >> > operations. Then probably we shouldn't consider CC Arabic activities
> at
> >> > all.
> >>
> >> > My two cents is that we focus on little specific things that can make
> a
> >> > difference on the short term.  Community creation is key to any
> >> > activity,
> >> > specially volunteer one, so if you can tell is what is CC's strategy
> >> > towards community creation in our specific region, then maybe we can
> >> > help.
> >> > Or if there is a strategy in general for Arab world, in any direction,
> >> > whether community or content creation or lobbying, etc, then maybe
> >> > interested people can help.
> >>
> >> > Thanks a lot,
> >> > M
> >>
> >> > 2012/3/23 donna d.r. <[email protected]>
> >>
> >> > Hi Moushira
> >> > first of all sorry for posting this message only now, actually I `ve
> >> > realized only now that it has been pending for some days!
> >>
> >> > Very quickly (then I`ll leave others answering to you and giving their
> >> > opinions): Jordan had done an advanced work indeed, but for different
> >> > reasons didnt get finalized into the proper ported license
> >>
> >> > Egypt is very close to achieve this, but the team is waiting for final
> >> > comments from HQ on the legal side
> >>
> >> > The other official affiliates are not focusing on porting work, you
> >> > should
> >> > know that CC has put the porting work on hold and privileged community
> >> > building work. HQ is currently working on 4.0 so for now no more
> porting
> >> > happening (not only in the Arab world: anywhere)
> >>
> >> > We can discuss what we need to be done to get the legal work improved
> in
> >> > the Arab world and what`s the reason for it being behind other regions
> >> > (whether a financial or poltiical  or cultural reason if any) ..but my
> >> > feeling is that the Arab world needs to create content before starting
> >> > licensing it..and, considering all the political and human rights
> issues
> >> > we
> >> > are facing now in many places in the region I guess that abiding by
> the
> >> > copyright law is the least problem whereas the major problem is still
> >> > abiding by the law in general
> >>
> >> > Anyway, every country has a different situation as you know better
> than
> >> > me. I feel it would be good for us to work together on improving the
> >> > legal
> >> > work but, if we can, even more useful would be to work together
> towards
> >> > encouraging content creation, peer-productions and collaborative work
> >>
> >> > my two cents:)
> >> > I`ll leave the others respond
> >> > best
> >> > dona
> >>
> >> >  On Sat, Mar 17, 2012 at 9:36 AM, Moushira Elamrawy <
> >> > [email protected]> wrote:
> >>
> >> >  Hi All:
> >>
> >> > Happy Spring! Am not sure if this have been discussed before, but I
> have
> >> > been tracking the archived messages trying to figure out how far have
> CC
> >> > reached when it comes to legal recognition.  It looks like Jordan has
> >> > done
> >> > an advanced work, however, I can't figure out from the messages, if it
> >> > is
> >> > indeed a license that is legally recognized and has laws of violation
> or
> >> > not yet.
> >>
> >> > On the other hand, I couldn't tell how does CC stand in the rest of
> the
> >> > active nodes: Tunisia, Lebanon, Qatar, UAE.*.(Well, I kind of know the
> >> > situation in Egypt. Will meet with Hala tomorrow to discuss this into
> >> > details)*, do CC groups support lobbying in their areas of action? Is
> >> > the
> >> > CC foundation doing any help in this regard?  Do we need a
> >>
> >> ...
> >>
> >> read more »
> >
> > --
> > لقد تلقيت هذه الرسالة لأنك مشترك في المجموعة "CC Arab World المشاع
> الإبداعي"
> > من مجموعات Google.
> > للنشر في هذه المجموعة، أرسل بريدًا إلكترونيًا إلى
> > [email protected]
> > لإلغاء اشتراكك في هذه المجموعة، أرسل رسالة إلكترونية إلى
> > [email protected].
> > للحصول على مزيد من الخيارات، يمكنك الانتقال إلى هذه المجموعة على العنوان
> > http://groups.google.com/group/cc-arab-world?hl=ar.
> >
> >
>

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