Hello Free Culture:

Two issues I've seen on the list I wanted to follow-up on:

First, re the built upon bricks in our remix logo. Yes, we totally  
stole the icon. I think it was my idea to do so. It was also my fault  
that we failed to acknowledge it. That was to be my job. I apologize  
that I didn't.

Of course if you object, we'll move on. But I would be really  
grateful if you didn't. First, in the spirit Nelson wrote about,  
while I certainly think it was my job to acknowledge the source (and  
again, mea culpa that I didn't), it doesn't seem appropriate to ask  
permission. Second, it would be weird if you would object to our  
building upon your building upon my work. Third, I can't see people  
are going to confuse the icon with the movement. That's how TM  
lawyers think. Which is to say, that's how we shouldn't think.

But in any case, we'll of course respect your decision which ever way  
you want to go.


Second, with respect to Janet's criticism of CC's "termination of  
transfer" project. I had written Janet about this, but hadn't heard  
anything back from her. (Though email seems to be insanely bad these  
days). As I said to her, this is a hugely important project if we're  
to liberate a huge amount of scientific material assigned to  
publishers and now sitting unused and unusable. For remember: this is  
a tool to terminate an author's transfer to someone else, and that  
someone else is 99% of the time a publisher. It is plainly correct  
that this will raise -- in 35 years -- a question about CC licensed  
materials. In my view, CC authors should have the same rights as any  
other author. But even if you don't think that, it is useful to note  
the very difficult process anyone one making work available in a  
public license would have to exercise the ToT provisions (how do you  
give notice to everyone using the license?). My hope is that if your  
movement is successful, copyright law will be radically reformed in  
35 years. But whether your successful or not, it seems wrong to give  
up the cache of culture now locked up by publishers simply because  
you fear, in 35 years, some CC author might be able to reclaim his or  
her copyright.

  
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