This is very helpfully framed. For the Free Culture world does include people who believe copyright anathema to Free Culture, and people who believe (some form of -- certainly not what we've got now) copyright is essential to Free Culture. It would be great to have a discussion of this -- maybe a debate about this -- in a common venue. Maybe I could convince Heather Ford who runs the iCommons summit (icommons.org) to consider it.

On Feb 27, 2007, at 7:15 AM, Crosbie Fitch wrote:

From: Janet Hawtin
Terminating access on an open licence agreement does not feel
like balance.
It feels like a new and interesting way for agents/family associated
with x author to rip the rug out and hold ideas which have been shared
hostage for future commercial gain.

If you stop stubbornly thinking from a free culture perspective for a
moment, and consider what your perspective would be if you believed
copyright was an inescapable fact of life (irrespective of its merits) if not an author's god given right, then you'll probably understand CC a little better. As a mnemonic, think of CC as standing for "Consolidating Copyright - for the benefit of the author (and IP lawyers interested in creating a
vast new market)".

Everything CC is doing is giving the author far more flexibility over their use of copyright (whether they can afford lawyers to prosecute infringement or not). It gives authors the option of dedicating some of their work to a
creative commons - to a greater or lesser extent (according to the
inclinations of the author).

What the termination of transfer does is get the author their copyright back (even if only for the benefit of their descendants). This is all perfectly inline with CC trying to put the sword of copyright back in the author's
hands (against the interests of the publisher - and the public).

So, bear in mind that CC is championing the author's retention of copyright, and demonstrating (through making its application more flexible) that it is not copyright that is necessarily unkind, but those authors who wield it
unkindly (or who appoint unkind agents).

CC is a pro-copyright organisation, not a copyright nullification
organisation (although one of its licenses may come relatively close).

Be very careful before you confuse CC as a champion of free culture.
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