Dear Robin Gross, et al.:

Why would the EFF make a new special-purpose license to promote free
music instead of working with the long-existing free art community?
Has the EFF been unaware of these efforts, outlined in places such as
<http://dmoz.org/Computers/Open_Source/Open_Content/>,
<http://linart.net/>, <http://ram.org/ramblings/philosophy/fmp/>,
<http://dsl.org/copyleft/>, <http://antomoro.free.fr/c/lalgb.html>,
and <http://www.gnu.org/philosophy/license-list.html>? If not, why is
the EFF endeavoring to do this?

The new music licensing scheme brought forth by EFF ignores the
musicians and artists who have been working on and using free
licensing for years, working independently, unsupported by corporate,
government, or non-profit backing, and doing it through our own
initiative. Our music, although free and "open source," will remain
incompatible with the EFF's new license, because it has not taken
existing free music licensing into consideration.

With this new Open Audio License, the EFF organization is effectively
promoting an alternative that is incompatible with the more robust
solutions that are already available. The artists and designers who
have been copylefting or otherwise freeing their work long before
anyone ever spoke of "open content" are not even linked to or
acknowledged in the EFF's IP resource links section -- making this
seem, from my perspective, more like a political move whose intent is
unclear or even dubious.

There is a danger to making more and more special-case licensing; if
there exists licenses for every type of work, from music to manuals,
all made by many different organizations, those works will all remain
incompatible with each other -- even when all such works are,
supposedly, "open." These gated communities are no architectural
recipe for a "vibrant commons."

That said, nobody is promoting or aiding free art and music, and the
EFF's assistance in this effort would be welcomed and appreciated. My
suggestion is to work with and solicit input from existing efforts --
and not try to segment the community even further, or pretend that
better solutions do not already exist. We have a lot to accomplish and
there is plenty of work for everyone.


Michael Stutz

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