On 05/15/2016 08:07 PM, John P. Sadowski wrote: > That is quite troubling, given that the committee approvals were > near-unanimous. Is it possible that the bill could be interpreted > to apply retroactively, meaning we'd have to remove those 1048 items?
I don't see anything retroactive in the text, but I also don't see anything that would strictly prohibit state agencies and local governments from treating previous publications as subject to copyright. I see that User:Gazebo has posted at https://commons.wikimedia.org/wiki/Commons:Village_pump/Copyright#Proposed_law_in_California_to_extend_copyright_to_CA_state_and_local_government_works to no discussion yet. > Any idea when the bill comes up with a vote? Wikimedia DC could > possibly draft and send a letter giving Wikimedia-specific examples, > or we could work with the Foundation legal team to do so. I don't know when it can be expected to come up for a vote. I should know more about California lawmaking than I do, which is almost nothing. I've copied wikimedia-sf; maybe some local California government maven lurks there and could say. Mike >> On May 15, 2016, at 9:47 PM, Mike Linksvayer <[email protected]> wrote: >> >> https://www.eff.org/deeplinks/2016/04/ab-2880 "California's Legislature >> Wants to Copyright All Government Works" >> >> More background at >> https://www.techdirt.com/articles/20160417/09213934197/california-assembly-looks-to-push-cities-to-copyright-trademark-everything-they-can.shtml >> >> According to http://copyright.lib.harvard.edu/states/ California is one >> of the three most "open" regarding government works. Presumably it won't >> be anymore if AB 2880 becomes law. >> >> California is one of only two U.S. states with a category under >> https://commons.wikimedia.org/wiki/Category:Public_domain_by_government >> -- https://commons.wikimedia.org/wiki/Category:PD_California (1048 items). >> >> I haven't investigated whether and how many of those items would be >> subject to copyright had AB 2880 been California law at the times of >> their publication. >> >> Skimming the bill's changes to present law at >> https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520160AB2880 >> it seems the one or two maybe dangerous additions are these: >> >>> A public entity may own, license, and, if it deems it appropriate, >>> formally register intellectual property it creates or otherwise >>> acquires. >> >> The assembly's analysis views this as a clarification, but it could open >> the door to widespread use (or copyright apologists would say, abuse) of >> copyright by local government, as the EFF says, "to chill speech, stifle >> open government, and harm the public domain." >> >>> (A) A state agency shall not enter into a contract under this >>> article that waives the state’s intellectual property rights unless >>> the state agency, prior to execution of the contract, obtains the >>> consent of the department to the waiver. >>> >>> (B) An attempted waiver of the state’s intellectual property rights >>> by a state agency that violates subparagraph (A) shall be deemed >>> void as against public policy. >> >> It is not clear to me whether this addition might serve as a barrier to >> agencies deciding to publish material under open licenses. In the >> meantime, I assume it will foster such barriers in practice. >> >> https://twitter.com/mitchstoltz/status/731282363674562560 says "[EFF]'ll >> probably issue an action alert, but meantime, call your state assembly >> member's office & ask them to oppose." >> >> If this is indeed a threat, I wonder if there's anything Wikimedians can >> do to oppose it, in addition to those of us in California calling our >> state assembly members? >> >> Mike >> >> _______________________________________________ >> Publicpolicy mailing list >> [email protected] >> https://lists.wikimedia.org/mailman/listinfo/publicpolicy > > _______________________________________________ > Publicpolicy mailing list > [email protected] > https://lists.wikimedia.org/mailman/listinfo/publicpolicy > _______________________________________________ Publicpolicy mailing list [email protected] https://lists.wikimedia.org/mailman/listinfo/publicpolicy
