Re: [Foundation-l] RfC: License update proposal

2009-02-04 Thread Brian
Here is a WikiBlame tool that serves as a demo:
http://wikipedia.ramselehof.de/wikiblame.php
I've come up with an algorithm to speed up the search when you don't know
the article title (a case this doesn't handle) but you can't get around
needing a monster index.

The easiest way to do this is to make the LuceneSearch extension grok the
full history dump and then layer the search algorithm on top of it based on
standard Lucene search.

On Sun, Feb 1, 2009 at 11:07 PM, phoebe ayers phoebe.w...@gmail.com wrote:

 On Wed, Jan 21, 2009 at 4:36 PM, Thomas Dalton thomas.dal...@gmail.com
 wrote:
  2009/1/22 Erik Moeller e...@wikimedia.org:
  Because I don't think it's good to discuss attribution as an abstract
  principle, just as an example, the author attribution for the article
  [[France]] is below, excluding IP addresses. According to the view
  that attribution needs to be given to each pseudonym, this entire
  history would have to be included with every copy of the article.
  Needless to say, in a print product, this would occupy a very
  significant amount of space. Needless to say, equally, it's a
  significant obligation for a re-user. And, of course, Wikipedia keeps
  growing and so do its attribution records.
 
  Well, the attribution list is about 1/6 the length of the article (in
  terms of bytes). Given that it can be in significantly smaller font
  size, doesn't have lots of whitespace and has no images, it's going to
  take up far less than 1/6 as much space on the page. It will be a
  significant amount of space, but not an impractical one (to the extent
  that copying and pasting into Word gives meaningful results, the
  article takes up 35 pages, the attribution list takes up 2).


 Which is fine if you're reprinting the whole article, but what if
 you're just reprinting the lede, or some other section of an article?
 Should a reuser still be required to reprint 2 pages of credits for a
 paragraph of article? That seems onerous. Note that just reprinting a
 *section* of an article is how many print reuse cases have worked to
 date (the German encyclopedia and our CafePress bumperstickers come to
 mind), and this case is not something that we've discussed much so
 far.

 And having just actually done this, with a real book and a real
 publisher, in How Wikipedia Works, I can attest that it's a
 non-trivial amount of work to get author lists for articles --
 removing duplication, IPs, formatting, etc is all a good deal of work
 -- and I like to think I understand how histories work. It would be a
 much bigger task for someone who didn't understand histories or the
 license.

 The Wikiblame tool, if it were made widely accessible and prominently
 integrated into the site, seems like a promising solution. In the
 meantime, I think we ought to consider what proper credit is for
 just reusing a part of an article, versus the whole thing.

 -- phoebe

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Re: [Foundation-l] RfC: License update proposal

2009-02-03 Thread Andre Engels
One thing that has not been brought forward yet in this discussion,
and which I think is important, is that 'author' does not equate
'editor'. It seems many here do go from that assumption in trying to
get the authors of an article. Suppose, an article has the following
edit history:

A starts the page with some text
B adds some text to it
C notes that A's text was a copyright violation, and adds a template
to that effect
D removes all the text of the page (because A's text is a copyright
violations, and B's edits make no sense without it), and replaces it
by a translation from another Wikipedia
Some vandal vandalizes the page
E reverses the vandalism
F adds some interwikis
G corrects 2 spelling mistakes
H adds a paragraph
I adds a picture from Commons.

The _editors_ of the page are A to I and the vandal. But are they also
the authors? I think not. In my opinion the _authors_ are D, H, the
authors of the translated article and the author of the picture.

Having said that, my opinion on this is that I do want to be credited,
but only where my contributions are really major. Not where I made a
'non-authorship' edit, and also not where I made a substantial but
still relatively small edit, for example adding one line to an already
extensive article. The first I don't consider authorship, and the
second I'd be more than happy to be credited as part of wikipedia
editors. But where a page is essentially written by me with only
insubstantial (though useful) edits by others before and after, I do
want to see my name as the maker or one of the makers. Thus, I'd like
to see some credits similar to the main credits place in GFDL, where
a few of the major authors are mentioned, plus other Wikipedia
editors or something similar.

-- 
André Engels, andreeng...@gmail.com

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Re: [Foundation-l] RfC: License update proposal

2009-02-03 Thread David Goodman
But here's the virtue of contributing to Wikipedia in the first place:
anyone anywhere who wants to see who did what, will go to the actual
Wikipedia and will find your credited contributions, regardless of the
details in subsequent reproductions--as long as they know it's from
Wikipedia.

On Tue, Feb 3, 2009 at 5:06 AM, Andre Engels andreeng...@gmail.com wrote:
 One thing that has not been brought forward yet in this discussion,
 and which I think is important, is that 'author' does not equate
 'editor'. It seems many here do go from that assumption in trying to
 get the authors of an article. Suppose, an article has the following
 edit history:

 A starts the page with some text
 B adds some text to it
 C notes that A's text was a copyright violation, and adds a template
 to that effect
 D removes all the text of the page (because A's text is a copyright
 violations, and B's edits make no sense without it), and replaces it
 by a translation from another Wikipedia
 Some vandal vandalizes the page
 E reverses the vandalism
 F adds some interwikis
 G corrects 2 spelling mistakes
 H adds a paragraph
 I adds a picture from Commons.

 The _editors_ of the page are A to I and the vandal. But are they also
 the authors? I think not. In my opinion the _authors_ are D, H, the
 authors of the translated article and the author of the picture.

 Having said that, my opinion on this is that I do want to be credited,
 but only where my contributions are really major. Not where I made a
 'non-authorship' edit, and also not where I made a substantial but
 still relatively small edit, for example adding one line to an already
 extensive article. The first I don't consider authorship, and the
 second I'd be more than happy to be credited as part of wikipedia
 editors. But where a page is essentially written by me with only
 insubstantial (though useful) edits by others before and after, I do
 want to see my name as the maker or one of the makers. Thus, I'd like
 to see some credits similar to the main credits place in GFDL, where
 a few of the major authors are mentioned, plus other Wikipedia
 editors or something similar.

 --
 André Engels, andreeng...@gmail.com

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-- 
David Goodman, Ph.D, M.L.S.
http://en.wikipedia.org/wiki/User_talk:DGG

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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread geni
2009/2/2 phoebe ayers phoebe.w...@gmail.com:
 Which is fine if you're reprinting the whole article, but what if
 you're just reprinting the lede, or some other section of an article?
 Should a reuser still be required to reprint 2 pages of credits for a
 paragraph of article? That seems onerous. Note that just reprinting a
 *section* of an article is how many print reuse cases have worked to
 date (the German encyclopedia and our CafePress bumperstickers come to
 mind), and this case is not something that we've discussed much so
 far.

Very few articles require a page's worth of credit. Remember even the
German has an average of  23.65 edits per page and the midpoint is
likely much lower.

 And having just actually done this, with a real book and a real
 publisher, in How Wikipedia Works, I can attest that it's a
 non-trivial amount of work to get author lists for articles --
 removing duplication, IPs, formatting, etc is all a good deal of work
 -- and I like to think I understand how histories work. It would be a
 much bigger task for someone who didn't understand histories or the
 license.

It is true we need an extension built into mediawiki to handle at
least part of this.

 The Wikiblame tool, if it were made widely accessible and prominently
 integrated into the site, seems like a promising solution. In the
 meantime, I think we ought to consider what proper credit is for
 just reusing a part of an article, versus the whole thing.

 -- phoebe

Legally you are required to credit every author who's work that
section is a derivative of.


-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread geni
2009/2/1 Gerard Meijssen gerard.meijs...@gmail.com:
 So far I have not heard any arguments why the CC-by-sa cannot do this.

It can but can only do this when everyone agrees. Since wikipedia
currently has 282,180,603 edits by people who have not agreed such a
change is imposible.

I
 have only heard a lot of FUD that I qualify as narcistic. FUD that does not
 contribute to more FREE colloaboration and re-use.

I understand license text and copyright law can be considered FUD by
some however it is FUD that is important.


 The one argument against the CC-by-sa that takes the prize is the notion
 that we will have less influence with Creative Commons ... yet another great
 narcissistic argument.

Not really. The fact is experience shows that every free license has
issues (for example CC-BY-SA 3.0 contains an invariant section clause
although I doubt that was CC's intention). Wikipedia by it's very
nature tends to hit these issues before anyone else. Having influence
means we in theory have a better chance of getting such issues fixed.


-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread Sam Johnston
On Mon, Feb 2, 2009 at 3:29 PM, geni geni...@gmail.com wrote:

  So far I have not heard any arguments why the CC-by-sa cannot do this.

 It can but can only do this when everyone agrees. Since wikipedia currently
 has 282,180,603 edits by people who have not agreed such a change is
 imposible.


False. The needs of the many outweigh the needs of the few and the [edits of
the] minority who choose to disrupt the community will be quickly and
efficiently purged from it (albeit wasting resources in the process that
could have been better utilised elsewhere).

It is clear that there is a small but vocal minority intent on spreading
'important' FUD and in my opinion these people can't see the forest for the
trees. Fortunately it seems the leadership has a good grasp on community
sentiment and sanity will prevail, with any luck sooner rather than later.

Sam
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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread geni
2009/2/2 Sam Johnston s...@samj.net:

 False. The needs of the many outweigh the needs of the few and the [edits of
 the] minority who choose to disrupt the community will be quickly and
 efficiently purged from it (albeit wasting resources in the process that
 could have been better utilised elsewhere).

I'm not talking about needs I'm talking about legal rights.

Remember you can't use presumed consent in this situation so if you
wanted to shift the credit to wikipedia you would need to track down
and get agreement from every author (and whoever inherited in the
cases where they have died). Given the amount of content we have from
very occasional contributers this is impossible.

 It is clear that there is a small but vocal minority intent on spreading
 'important' FUD and in my opinion these people can't see the forest for the
 trees.

Please provide a halfway legal way to do what you propose. And no
moveing wikipedia to Afghanistan is not a valid answer.


-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread Ray Saintonge
Jussi-Ville Heiskanen wrote:
 Ray Saintonge wrote:
   
 The only reason that moral rights is an issue is its inclusion in the 
 statutes of various countries.  It mostly stems from an inflated 
 Napoleonic view of the Rights of Man that was meant to replace the 
 divine rights of kings.  Common law countries have been loath to embark 
 in this direction.  Moral rights are mentioned in the US law, but only 
 as a toothless tiger.
 
 I would actually be interested to get the background for
 this interpretation of how moral rights came to happen
 as a legal idea. If there are such references.
   

I couldn't find the reference that I recalled from a couple of years 
ago, but I did find some reference to the idea at 
http://www.ams.org/ewing/Documents/CopyrightandAuthors-70.pdf in the 
section Some philosophy. 

There are profound differences at a very deep level between the rights 
of authors in civil law countries and the right to copy in common law 
countries. In common law countries copyright has been primarily an 
economic right instead of a personal right.  It used to be that 
copyright disputes were framed between two publishers or between 
publisher and author.  To the extent that the law was a balance between 
interests it was the interests of publishers and authors that were being 
balanced.  That the using public could have interests was unthinkable 
because these users flew below the radar of cost effectiveness.  If it 
was not economical for a person to infringe copyrights in the first 
place, how could it be worthwhile to lobby politicians to have these 
rights for the general using public.  Today we have a third party whose 
interests were never considered in the balance.

 Particularly as the legal reasons in at least Finnish legal
 manuals for laymen who have to deal with moral rights
 seem to focus on the utility moral rights have in terms of
 protecting the artisans reputation as being good at his
 craft.
   

I don't know anything about the history of Finnish jurisprudence, but 
that statement seems to draw on the French model.  Canada has provisions 
for moral rights, but the person claiming that his reputation has been 
damaged would have the burden of proving that as well as proving the 
amount of damages.  If one made a claim for $1,000,000 in damages he 
shouldn't expect that it will be granted just because he says so.
 I have great difficulty understanding how the right to examine
 could be traced to some grandiose Rights of Man basis,
 since the argument presented for this particular moral right is
 clearly grounded on protecting the artisan/artists ability
 to examine their earlier work, to remind them self and
 refresh their memory on methods they had employed on those
 works, and thus enable them to not lose skills and methods
 they had mastered in earlier days.
   

I seem to be misunderstanding something about your stated right to 
examine.  Is someone claiming that authors are prevented from examining 
their own works?

Ec

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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread Jussi-Ville Heiskanen
Ray Saintonge wrote:
 Jussi-Ville Heiskanen wrote:
   
 Ray Saintonge wrote:
   
 
 The only reason that moral rights is an issue is its inclusion in the 
 statutes of various countries.  It mostly stems from an inflated 
 Napoleonic view of the Rights of Man that was meant to replace the 
 divine rights of kings.  Common law countries have been loath to embark 
 in this direction.  Moral rights are mentioned in the US law, but only 
 as a toothless tiger.
 
   
 I would actually be interested to get the background for
 this interpretation of how moral rights came to happen
 as a legal idea. If there are such references.
   
 

 I couldn't find the reference that I recalled from a couple of years 
 ago, but I did find some reference to the idea at 
 http://www.ams.org/ewing/Documents/CopyrightandAuthors-70.pdf in the 
 section Some philosophy. 

 There are profound differences at a very deep level between the rights 
 of authors in civil law countries and the right to copy in common law 
 countries. In common law countries copyright has been primarily an 
 economic right instead of a personal right.  It used to be that 
 copyright disputes were framed between two publishers or between 
 publisher and author.  To the extent that the law was a balance between 
 interests it was the interests of publishers and authors that were being 
 balanced.  That the using public could have interests was unthinkable 
 because these users flew below the radar of cost effectiveness.  If it 
 was not economical for a person to infringe copyrights in the first 
 place, how could it be worthwhile to lobby politicians to have these 
 rights for the general using public.  Today we have a third party whose 
 interests were never considered in the balance.

   
Aye, that is the rub. We aren't really in the job
for just helping different regimes interoperate.
(if I am allowed my sly aside - some of are trying
to pull a fast one to prevent interoperability)

The important thing is, if this change of attribution
*does* in fact go forward, there is no option of saying
it was done out of ignorance. There have been a
number of people who have spelled out the real
legal issues involved. If they are ignored, rather
than addressed, that is the responsibility of those
doing it, not an apathetic community which did not
point out that those issues were real. We have
pointed out those issues, and if they are ignored,
there is no way it can be blamed on an apathetic
community who allowed it to happen.

   
 Particularly as the legal reasons in at least Finnish legal
 manuals for laymen who have to deal with moral rights
 seem to focus on the utility moral rights have in terms of
 protecting the artisans reputation as being good at his
 craft.
   
 

   
 I don't know anything about the history of Finnish jurisprudence, but 
 that statement seems to draw on the French model.  Canada has provisions 
 for moral rights, but the person claiming that his reputation has been 
 damaged would have the burden of proving that as well as proving the 
 amount of damages.  If one made a claim for $1,000,000 in damages he 
 shouldn't expect that it will be granted just because he says so.
   

Actually there is a more profound difference of legal
systems at work. Finland works on the assumption that
claims of damages are not paramount, but protections
given by law are. So you can be fined, even if you cause
no damage. On the other hand, no ridiculous claims of
damage will give the aggrieved party an inflated
compensation claim, because the Finnish system is
not geared towards rewarding the victim, but only
assuring everybodys rights are protected.


 I have great difficulty understanding how the right to examine
 could be traced to some grandiose Rights of Man basis,
 since the argument presented for this particular moral right is
 clearly grounded on protecting the artisan/artists ability
 to examine their earlier work, to remind them self and
 refresh their memory on methods they had employed on those
 works, and thus enable them to not lose skills and methods
 they had mastered in earlier days.
   
 

 I seem to be misunderstanding something about your stated right to 
 examine.  Is someone claiming that authors are prevented from examining 
 their own works?

   


The right to examine is a Moral Right that I feel really
does not fit with your over-arching idea that they
are aggrandizing rights and not only utilitarian ones.

If you made a sculpture and sold it off, in many countries
without moral rights, that would be the end of it. Hey,
you were hired to do a job, what more do you want!?

In Finland, you used some useful skills you had gained
from apprenticeship,  and study at art colleges, and
even perhaps a sojourn in Paris or Venice. And you
may have even made some hard decisions forced on you
by the material you were sculpting itself. Wow!

Now, picture yourself as the artist some 15 years later.

You are at the doddering 

Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread Anthony
On Mon, Feb 2, 2009 at 2:47 AM, Ray Saintonge sainto...@telus.net wrote:

 Anthony wrote: As for how sharing
  your name is better for everyone, I think it's fairly clear that a work
 of
  non-fiction is better if you know who wrote it, and further I think it's
  also clear that when someone creates a great work it is beneficial to
 know
  who created it so that one can find more works by that person.  So that's
  how it benefits society.

 Whether you know who wrote a work or not it's still the same work.


Maybe, but if a work lists its authors it's not the same work as if it
doesn't.


 Following your line
 of reasoning we should all bow down before the Encyclopedia Britannica
 and give up Wikipedia because EB is better.


Absolutely not.  EB has not adapted its model to the Internet at all, and
it's very unlikely it will.  Just because there are some things EB does
better doesn't mean it is overall better.

Unless they decided to radically change their model and start over from
scratch, EB will never be the size of Wikipedia.  It will never be as
up-to-date as Wikipedia.  No, with regard to lack of attribution I think
Wikipedia has to worry much more about Knol than EB.  Of course, Wikipedia
has about a 7 1/2 year head start on Knol.  Pure momentum might be enough
for it to win that race, if all you care about is being better than your
nearest competitor.


 Sure, a person who likes
 the works of a particular author will seek out more of his works, but
 that can be much more about better marketing than a better book.
 Where's the benefit to society.


Where's the benefit to society in marketing?  It's only because of marketing
that many of the products you use can be made, and this is especially true
with intellectual products, which benefit tremendously from economies of
scale.  As you youself imply, just having a better book isn't enough.  You
have to convince people to try your better book.  Life doesn't work like the
Field of Dreams.  Honestly promoting your work when you've done a great job
benefits everyone.
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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread Jussi-Ville Heiskanen
Robert Rohde wrote:
 So where do things stand?

 By my rough count, the relicensing discussion has generated over 300
 emails in the last month alone.  At least within the limited confines
 of people who read this list, I suspect that everyone who has wanted
 to offer an opinion has done so.  While, I mean no disrespect, much of
 what continues to be said strikes me as either repetitious of prior
 comments or simply off-topic.
   

I very much agree. Certainly anything *I* wish to add, is
very much best left off-list.
 Given that, I would like to ask Erik, Mike, or someone else with the
 WMF to comment on what the timetable and process for the next step
 will be?  At the start of January, the BIG VOTE was tentatively
 scheduled to start February 9th.  Is that still accurate, or have we
 talked ourselves into a delay?  Will there be any more expansive
 effort to communicate with the various communities before the vote
 starts?

   

Just put a move on; is what I say.


Yours,

Jussi-Ville Heiskanen


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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread Andrew Whitworth
On Mon, Feb 2, 2009 at 9:23 AM, geni geni...@gmail.com wrote:
 Very few articles require a page's worth of credit. Remember even the
 German has an average of  23.65 edits per page and the midpoint is
 likely much lower.

True. Although as a caveat remember that people aren't going to be
publishing/printing a bunch of articles that are stubby or immature.
The best articles, and the ones most like to be printed and
distributed off of Wikipedia will likely be the ones that the most
hands have touched. We aren't interested in the average case of all
articles. A better metric would be the average number of edits from
among the various good or featured articles, since these are the
articles that people are going to want to print/distribute.

--Andrew Whitworth

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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread geni
2009/2/2 Sam Johnston s...@samj.net:
 Nothing's impossible - where there's a will (and clearly there is[1])
 there's a way. Mozilla managed to relicense to GPL years ago[2] (they
 had an FAQ too[3])

We have sought and obtained permission to relicense from almost
everyone who contributed code to Mozilla up until the date of the new
licensing policy on September 19th 2001. (After that date,
contribution of code was contingent on giving permission to relicense,
if the code was not immediately checked into a tri-licensed file.)
Once we have obtained responses from all the individuals, companies
and organisations concerned, we will relicense those files for which
we have received permission from all copyright holders.

If you think you can get permission from every wikipedia editor you
are free to try.



 These moves are not easy and can be made significantly more difficult
 by individuals (like yourself)

Nah. I'm a minor issue compared to the people who have been
inconsiderate enough to die

working against the spirit of the
 community.

We are discussing copyright issues ad homs are unhelpful.

 As Mozilla said in the FAQ, by doing so you will make [the
 work] useful to more people, which may result in others improving [the
 work] to make it more useful to you, before going on to explain that
 the 'spirit' of the new license was in line with that of the old.

 The key difference is that they had only 450 contributors and the vast
 majority were contactable. We have orders of magnitude more
 contributors, many of whom are anonymous, aliased and/or without
 contact details. The best we can do in this case is contact those who
 we can, notify those who connect to the site and publish a notice of
 our intentions.

The best we can do isn't then enough to meet the requirements of the law.


 So let's get this show on the road... there's been more than enough
 compelling debate, academic wankery and downright noise already.

The past actions of those such as User:Ram-Man make it quite clear
that you are free to ask wikipedians to relicense their content under
any license terms you wish. See
[[template:DualLicenseWithCC-BySA-Tri-2.5]]

Those
 who are so concerned about the opinion others hold of them and feel
 their right to self-aggrandisement is being trampled on can identify
 themselves (and their edits) so as the rest of us can get on with
 doing what we set out to do - building the free encyclopedia that
 anyone can edit.

I've known people argue that anyone should include those living
under Napoleonic code legal systems.

If you want to license your edits so that people can credit you with a
ref to wikipedia feel free to do so. Just don't try and carry out such
a change in the case of those who have not actively agreed to it.

-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-02-02 Thread David Goodman
But since most of the contributors to Wikipedia are anonymous, this is
one thing we do not and will never know, regardless of licensing.  so
to the extent Wikipedia has any authority it's precisely from the fact
of community editing on a non-personal basis.
Yes, within Wikipedia it's valuable to know who contributed what , and
how the interplay of people (or pseudo-people) takes place. For the
evaluation of Wikipedia from outside, it stands, for better or worse,
on the quality of the community editing.

On Mon, Feb 2, 2009 at 2:47 AM, Ray Saintonge sainto...@telus.net wrote:
 Anthony wrote:
 On Sun, Feb 1, 2009 at 7:21 PM, Ray Saintonge wrote
 Anthony wrote:

 On Sun, Feb 1, 2009 at 1:14 AM, David Goodman wrote

 I am proud of my work, not of my name being on my work. that's narcissism.

 In any case, I find it hard to see how, in this particular context, you
 could be proud of your work but not at least prefer your name to be on it.

 If you've achieved something of great value to yourself and to others, 
 isn't

 it better for you, and for everyone, if people know you achieved it?

 I guess that some of us are nothing more than unrepentant altruists.  We
 believe that free works belong to everybody.  If something is of great
 value to you don't need for anyone to tell you that; you already know
 it.  How does knowing that you produced something make the idea any
 better or worse than it would be without that knowledge. How is knowing
 that you did it better for everyone?  Pride, after all, is one of the
 seven deadly sins.

 Well, David said he *is* proud of his work, so your seven deadly sins
 argument apparently isn't the one he was resting on.  As for how sharing
 your name is better for everyone, I think it's fairly clear that a work of
 non-fiction is better if you know who wrote it, and further I think it's
 also clear that when someone creates a great work it is beneficial to know
 who created it so that one can find more works by that person.  So that's
 how it benefits society.

 I wouldn't want to suggest that David was a fallen angel.

 Whether you know who wrote a work or not it's still the same work.  It's
 a non-sequitur to draw the conclusion that you do.  Following your line
 of reasoning we should all bow down before the Encyclopedia Britannica
 and give up Wikipedia because EB is better.  Sure, a person who likes
 the works of a particular author will seek out more of his works, but
 that can be much more about better marketing than a better book.
 Where's the benefit to society.
 How it benefits the individual is even more
 obvious, to the point that I don't even think I have to explain it.


 We don't really have a difference about benefit to the individual.

 Ec

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-- 
David Goodman, Ph.D, M.L.S.
http://en.wikipedia.org/wiki/User_talk:DGG

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Nikola Smolenski
On Sunday 01 February 2009 07:14:44 David Goodman wrote:
 I am proud of my work, not of my name being on my work. that's narcissism.

You say that as if it is a bad thing. Why turn off narcissistic people if work 
they do is useful?

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Gerard Meijssen
Hoi,
Because their narcissism gets in the way of what we want to achieve perhaps
?
Thanks,
 GerardM

2009/2/1 Nikola Smolenski smole...@eunet.yu

 On Sunday 01 February 2009 07:14:44 David Goodman wrote:
  I am proud of my work, not of my name being on my work. that's
 narcissism.

 You say that as if it is a bad thing. Why turn off narcissistic people if
 work
 they do is useful?

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Jussi-Ville Heiskanen

 2009/2/1 Nikola Smolenski smole...@eunet.yu wisely remarked:


   

 You say that as if it is a bad thing. Why turn off narcissistic people if
 work
 they do is useful?

 



Gerard Meijssen top-posted:
 Hoi,
 Because their narcissism gets in the way of what we want to achieve perhaps
 ?

   
This would seem to suggest that what we want to achieve is
*not* producing an encyclopedia. I suggest you reconsider.


Yours,

Jussi-Ville Heiskanen



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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Gerard Meijssen
Hoi,
No, we want to create a free encyclopaedia. The restrictions imposed for
narcissistic reasons do get in the way of making the encyclopaedia Free.
Thanks.
  GerardM

2009/2/1 Jussi-Ville Heiskanen cimonav...@gmail.com

 
  2009/2/1 Nikola Smolenski smole...@eunet.yu wisely remarked:
 
 
 
 
  You say that as if it is a bad thing. Why turn off narcissistic people
 if
  work
  they do is useful?
 
 



 Gerard Meijssen top-posted:
  Hoi,
  Because their narcissism gets in the way of what we want to achieve
 perhaps
  ?
 
 
 This would seem to suggest that what we want to achieve is
 *not* producing an encyclopedia. I suggest you reconsider.


 Yours,

 Jussi-Ville Heiskanen



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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Jussi-Ville Heiskanen
Ray Saintonge wrote:


 I have no complaints about commercial use, but I am concerned when a 
 commercial user massively takes freely licensed or public domain 
 material and parks them under the umbrella of his copyrights so that the 
 users of his material unwittingly respect a copyright that has no 
 basis in fact.  If the only ones with rights of action against the 
 fraudster are the separate owners of the fragments, we will have loosed 
 the tactic of divide and conquer upon our own selves.  I would really 
 like to see a situation where we nominating someone as an non-exclusive 
 agent with the right to prosecute serious copyright violations on a 
 class action basis.
   

Is it possible to make this work for copy-left licenses?
That is can one transfer even partially the right to seek
redress to another party?  If so, that would be wonderful.
I am sure many contributors would take the advantage of
it.

To be most careful, I would suggest that such party would
be legally differentiated from the Foundation, and would
accept on an equal basis such nominations from contributors
to non-WMF projects as well. Specifically since - at least in
theory - the agent might be requested to act against the
Foundations stated interests.


Yours,

Jussi-Ville Heiskanen







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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Jussi-Ville Heiskanen
Gerard Meijssen wrote:
 Hoi,
 No, we want to create a free encyclopaedia. The restrictions imposed for
 narcissistic reasons do get in the way of making the encyclopaedia Free.
 Thanks.


People may be contributing for narcissistic reasons, but
nobody has suggested any restrictions be imposed for
narcissistic reasons. What people have been worried
about are real laws in different jurisdictions, which have
absolutely nothing to do with narcissism.

Ignoring those laws will be a greater detriment to
making the encyclopedia Free, since it means the content
could only be completely Freely used in the US and
jurisdictions that have precisely compatible legal frameworks.


Yours,

Jussi-Ville Heiskanen


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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Nikola Smolenski
On Sunday 01 February 2009 10:22:23 Gerard Meijssen wrote:
 No, we want to create a free encyclopaedia. The restrictions imposed for
 narcissistic reasons do get in the way of making the encyclopaedia Free.

No, they don't. Please, show how they do.

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Anthony
On Sun, Feb 1, 2009 at 1:14 AM, David Goodman dgoodma...@gmail.com wrote:

 I am proud of my work, not of my name being on my work. that's narcissism.


You should probably clarify what it is you're calling narcissism.  For
that matter, you should probably clarify what you mean by narcissism in
the first place.  A common dictionary definition is excessive self-love.
But as a philosophical concept that's quite incomplete.  What constitutes
excessive?  What is the proper amount of self-love?  And why does
wanting or not wanting your name to be on a work throw one over that
threshold?

In any case, I find it hard to see how, in this particular context, you
could be proud of your work but not at least prefer your name to be on it.
If you've achieved something of great value to yourself and to others, isn't
it better for you, and for everyone, if people know you achieved it?

This is not to say that there might not be circumstances where you're
willing to not have your name on your work, or, indeed, where for some
reason you wish to remain anonymous.  But I think there's an inherent
validity in the desire to be named in a work you produced in at least some
circumstances which arise in Wikimedia projects.  I certainly wouldn't
categorically dismiss that desire as narcissism (which may or may not be
what you intended to do above).
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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Ray Saintonge
Anthony wrote:
 On Sun, Feb 1, 2009 at 1:14 AM, David Goodman wrote
 I am proud of my work, not of my name being on my work. that's narcissism.
 
 In any case, I find it hard to see how, in this particular context, you
 could be proud of your work but not at least prefer your name to be on it.
 If you've achieved something of great value to yourself and to others, isn't
 it better for you, and for everyone, if people know you achieved it?
   

I guess that some of us are nothing more than unrepentant altruists.  We 
believe that free works belong to everybody.  If something is of great 
value to you don't need for anyone to tell you that; you already know 
it.  How does knowing that you produced something make the idea any 
better or worse than it would be without that knowledge. How is knowing 
that you did it better for everyone?  Pride, after all, is one of the 
seven deadly sins.

 I think there's an inherent
 validity in the desire to be named in a work you produced in at least some
 circumstances which arise in Wikimedia projects.  
Then let's predefine those circumstances.

Ec

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Jussi-Ville Heiskanen
Again, right at the top, I apologize for replying to a week old
posting, and one I replied to at the time, besides... but
perhaps my motives will be clear.

Anthony wrote:


 Now, personally, the way I read reasonable to the medium or means You are
 utilitzing, I think it means what is reasonably necessary to provide
 proper attribution, not what is reasonably necessary to maximize reuse.
 Erik seems to be pushing for the latter interpretation.

   


I commented on your interpretation of what you perceived to
be Erik's wish in all of this...

But I neglected to comment at all your interpretation of the
wording of the license.

I don't think proper attribution means anything, in relation
to the phrase you are quoting.

However, a benign reading of reasonable to the medium or
means could easily be dovetailed with the (I really only know
of the case in Finland) moral rights legislation phrasing of
*only* requiring the attribution be provided in such a form
which is customary in the field applicable. This would not
require for instance that each product give the attribution,
as long as for instance the attribution were given more centrally
in a fashion that is customary in such material as which is
in question. Not that that helps us much, since it is clear
we are at the cusp of _creating_ the standards for what will
be customary for attribution in such quite novel enterprises
as Wikipedia.

We do have to remember that Wikipedia really is quite
unprecedented. Even if the early editions of Oxford English
Dictionary relied on scraps of paper sent from a multitude
of people, they would only have been giving examples of
usage, not edits to the creative content of the dictionary
itself.

One very tentative reading would be to claim that it is
indeed customary to link to the history. I don't find that
to be strongly persuasive, but I am bound to admit it is
possible.

And even if I were to admit that it would be arguable that
this quirk of the Moral Right of Paternity could be elided
in this fashion, in the context of Finnish law, one has to ask
whether this workaround would suffice in all other jurisdictions
which are still shackled by this self same Paternity Right?


Yours,

Jussi-Ville Heiskanen


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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Ray Saintonge
Jussi-Ville Heiskanen wrote:
 Ray Saintonge wrote:
   
 I have no complaints about commercial use, but I am concerned when a 
 commercial user massively takes freely licensed or public domain 
 material and parks them under the umbrella of his copyrights so that the 
 users of his material unwittingly respect a copyright that has no 
 basis in fact.  If the only ones with rights of action against the 
 fraudster are the separate owners of the fragments, we will have loosed 
 the tactic of divide and conquer upon our own selves.  I would really 
 like to see a situation where we nominate someone as an non-exclusive 
 agent with the right to prosecute serious copyright violations on a 
 class action basis.
 
 Is it possible to make this work for copy-left licenses?
 That is can one transfer even partially the right to seek
 redress to another party?  If so, that would be wonderful.
 I am sure many contributors would take the advantage of
 it.
   
It should be.  In the same way one appoints a lawyer to pursue one's 
case in court instead of doing so personally.  The lawyer who launches a 
case does not do so because his own personal rights have been violated.  
The case here would not really be about seeking redress.  We who write 
for the Wiki projects do not do so for direct financial gain, so we 
should not expect to receive such gain through a lawsuit.  Any 
distribution of the proceeds of a successful lawsuit would be mostly 
symbolic.

For me it all comes down to regarding what is in the public domain as 
belonging to everyone instead of no-one.  Protecting the public domain 
then becomes a question of collective rights.
 To be most careful, I would suggest that such party would
 be legally differentiated from the Foundation, and would
 accept on an equal basis such nominations from contributors
 to non-WMF projects as well. Specifically since - at least in
 theory - the agent might be requested to act against the
 Foundations stated interests.
   
I agree.  If I suggested that the Foundation should be the one to do 
this that may have been a little too casual.  In theory, my first 
impression would be that protecting the public domain should be a 
government duty, but I'm not going to hold my breath waiting for that to 
happen.  Perhaps a separate Custodian of the Public Domain may be the 
answer.

Ec

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Jussi-Ville Heiskanen
Ray Saintonge wrote:

 I guess that some of us are nothing more than unrepentant altruists.  We 
 believe that free works belong to everybody.  If something is of great 
 value to you don't need for anyone to tell you that; you already know 
 it.  How does knowing that you produced something make the idea any 
 better or worse than it would be without that knowledge. How is knowing 
 that you did it better for everyone?  Pride, after all, is one of the 
 seven deadly sins.

   

And yet, the church has no problem attributing good
works to saints by name.


Yours,

Jussi-Ville Heiskanen



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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread geni
2009/2/2 Sam Johnston s...@samj.net:
 Exactly. There is nothing 'customary' about massively collaborative
 development of works.

Just about every film of any significance. TV series. Computer games.
Heh just about every bit of major software. Maps of large areas can
rack up very large numbers (depending on a couple of factors).

The other thing to remember is most wikipedia articles don't actually
have that many authors. en has a mean of 17.83 edits per page.
Allowing for bot edits (which mostly don't qualify for copyright),
distortion of that figure due a few very large articles histories and
people editing more than once and you are pretty close to what some
scientific papers rack up in terms of authors.

Most things you could use content for already have customary methods
of giving attribution. That isn't going to change.

-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Anthony
On Sun, Feb 1, 2009 at 7:21 PM, Ray Saintonge sainto...@telus.net wrote:

 Anthony wrote:
  On Sun, Feb 1, 2009 at 1:14 AM, David Goodman wrote
  I am proud of my work, not of my name being on my work. that's
 narcissism.
 
  In any case, I find it hard to see how, in this particular context, you
  could be proud of your work but not at least prefer your name to be on
 it.
  If you've achieved something of great value to yourself and to others,
 isn't
  it better for you, and for everyone, if people know you achieved it?
 

 I guess that some of us are nothing more than unrepentant altruists.  We
 believe that free works belong to everybody.  If something is of great
 value to you don't need for anyone to tell you that; you already know
 it.  How does knowing that you produced something make the idea any
 better or worse than it would be without that knowledge. How is knowing
 that you did it better for everyone?  Pride, after all, is one of the
 seven deadly sins.


Well, David said he *is* proud of his work, so your seven deadly sins
argument apparently isn't the one he was resting on.  As for how sharing
your name is better for everyone, I think it's fairly clear that a work of
non-fiction is better if you know who wrote it, and further I think it's
also clear that when someone creates a great work it is beneficial to know
who created it so that one can find more works by that person.  So that's
how it benefits society.  How it benefits the individual is even more
obvious, to the point that I don't even think I have to explain it.

As I said, there are certainly exceptions to this, but in general I think it
holds, and even if it held in only some cases I think that would be enough
to protect the right.


  I think there's an inherent
  validity in the desire to be named in a work you produced in at least
 some
  circumstances which arise in Wikimedia projects.
 Then let's predefine those circumstances.


The pre in predefine implies that you're not changing the rules after the
fact.  And if you're not interested in changing the rules after the fact,
then there's no reason to change the license.
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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Sam Johnston
On Sun, Feb 1, 2009 at 12:53 PM, Nikola Smolenski smole...@eunet.yu wrote:
 On Sunday 01 February 2009 10:22:23 Gerard Meijssen wrote:
 No, we want to create a free encyclopaedia. The restrictions imposed for
 narcissistic reasons do get in the way of making the encyclopaedia Free.

 No, they don't. Please, show how they do.

By way of example, I am currently working on a short (8 slide), clean
presentation, to be licensed under a free license. It contains a slide
with 8 thumbnail photos of generic pictures (a house, a building, a
government chamber, a few racks in a datacenter, etc.) and a few
samples of text. It also contains a picture of one of the original
google racks which would be less easy to replace. Some of the photos
have been transformed by others so there are multiple authors.

By imposing the attribution requirements (indeed even linking to
individual articles rather than Wikipedia itself) you are making it
significantly more difficult for me to make use of the work and more
likely that I will 'take my business elsewhere'. That damages the
community and thus the (apparently egotistical) needs of the few
threaten to impose on the needs of many (both within our community and
the general public as a whole).

This type of piecemeal reuse/'remixing' is typical to that of an
encyclopedia - for example in your average school project. The authors
each contributed a small part to individual works which eventually
became even smaller parts of a larger work. Their contribution at the
end of the day is negligible and if they feel the need to have school
kids quoting their name to teachers and the like then I suggest they
would be better served by the various communities that cater for this
'need'.

Sam

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Nikola Smolenski
On Sunday 01 February 2009 10:22:23 Gerard Meijssen wrote:
 No, we want to create a free encyclopaedia. The restrictions imposed for
 narcissistic reasons do get in the way of making the encyclopaedia Free.

No, they don't. Please, show how they do.

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Ray Saintonge
Jussi-Ville Heiskanen wrote:
 Ray Saintonge wrote:
   
 I guess that some of us are nothing more than unrepentant altruists.  We 
 believe that free works belong to everybody.  If something is of great 
 value to you don't need for anyone to tell you that; you already know 
 it.  How does knowing that you produced something make the idea any 
 better or worse than it would be without that knowledge. How is knowing 
 that you did it better for everyone?  Pride, after all, is one of the 
 seven deadly sins.
 
 And yet, the church has no problem attributing good
 works to saints by name.
   
 The difference here is that the church is making these gratuitous 
attributions.  The saints themselves are too dead to be bothered.

Ec

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread Sam Johnston
On Sun, Feb 1, 2009 at 8:34 AM, Jussi-Ville Heiskanen
cimonav...@gmail.com wrote:
 This is an important point. It is precisely why it is not a good idea to 
 remove attribution.

I wasn't aware that anyone was suggesting that we remove attribution
altogether, just that we attribute Wikipedia as a whole for the sake
of everyone's sanity, and in consideration of the extremely limited
(if not negative) value that such mass attributions provide.

While working for a large US software company I never received (nor
expected) any credit whatsoever for my work. You might argue that I
was well remunerated for my efforts, but when I wrote network quotas
for the Linux kernel (where they have lived happily for the last
decade or so) my name didn't start popping up in the boot messages
either. Yes you can find it if you look at the source code or edit
logs but I don't care - my contribution was in the name of the
community.

Sam

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Re: [Foundation-l] RfC: License update proposal

2009-02-01 Thread phoebe ayers
On Wed, Jan 21, 2009 at 4:36 PM, Thomas Dalton thomas.dal...@gmail.com wrote:
 2009/1/22 Erik Moeller e...@wikimedia.org:
 Because I don't think it's good to discuss attribution as an abstract
 principle, just as an example, the author attribution for the article
 [[France]] is below, excluding IP addresses. According to the view
 that attribution needs to be given to each pseudonym, this entire
 history would have to be included with every copy of the article.
 Needless to say, in a print product, this would occupy a very
 significant amount of space. Needless to say, equally, it's a
 significant obligation for a re-user. And, of course, Wikipedia keeps
 growing and so do its attribution records.

 Well, the attribution list is about 1/6 the length of the article (in
 terms of bytes). Given that it can be in significantly smaller font
 size, doesn't have lots of whitespace and has no images, it's going to
 take up far less than 1/6 as much space on the page. It will be a
 significant amount of space, but not an impractical one (to the extent
 that copying and pasting into Word gives meaningful results, the
 article takes up 35 pages, the attribution list takes up 2).


Which is fine if you're reprinting the whole article, but what if
you're just reprinting the lede, or some other section of an article?
Should a reuser still be required to reprint 2 pages of credits for a
paragraph of article? That seems onerous. Note that just reprinting a
*section* of an article is how many print reuse cases have worked to
date (the German encyclopedia and our CafePress bumperstickers come to
mind), and this case is not something that we've discussed much so
far.

And having just actually done this, with a real book and a real
publisher, in How Wikipedia Works, I can attest that it's a
non-trivial amount of work to get author lists for articles --
removing duplication, IPs, formatting, etc is all a good deal of work
-- and I like to think I understand how histories work. It would be a
much bigger task for someone who didn't understand histories or the
license.

The Wikiblame tool, if it were made widely accessible and prominently
integrated into the site, seems like a promising solution. In the
meantime, I think we ought to consider what proper credit is for
just reusing a part of an article, versus the whole thing.

-- phoebe

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Re: [Foundation-l] RfC: License update proposal

2009-01-31 Thread Ray Saintonge
David Goodman wrote:
 My view is that any restriction of distribution that is not absolutely
 and unquestionably legally  necessary is a violation of the moral
 rights of the contributors. We contributed to a free encyclopedia, in
 the sense that the material could be used freely--and widely. We all
 explicitly agreed there could be commercial use, and most of us did
 not particularly concern ourselves with how other commercial or
 noncommercial sites would use or license the material, as long as what
 we put on Wikipedia could be used by anyone.

   
Precisely!  To a large extent, we are effectively releasing our work 
into the public domain, except for the fact that in some countries this 
is not allowed.  Also, putting a work into the public domain means 
abandoning our rights of action in the event that there is infringement 
on that public ownership. There is no custodian of the public domain to 
take action when the copyrights of the general public have been infringed.

I have no complaints about commercial use, but I am concerned when a 
commercial user massively takes freely licensed or public domain 
material and parks them under the umbrella of his copyrights so that the 
users of his material unwittingly respect a copyright that has no 
basis in fact.  If the only ones with rights of action against the 
fraudster are the separate owners of the fragments, we will have loosed 
the tactic of divide and conquer upon our own selves.  I would really 
like to see a situation where we nominating someone as an non-exclusive 
agent with the right to prosecute serious copyright violations on a 
class action basis.

I choose to edit with a pseudonym, though my real name is certainly well 
known to the community.  My self-esteem is not so week that I need to be 
publicly credited for every last edit that I make, the satisfaction of a 
job well-done is its own reward.  We do not own the articles, and we 
edit each others' work mercilessly.  Having a long list of names in 
2-point type just so that the individual editor can see his name in 
print is wasteful and contrary to the spirit of our collective effort.  
This is not what credit and attribution is about.  Expecting anything 
more from the downstream user than to say that he took things from 
Wikipedia is unrealistic.

Ec


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Re: [Foundation-l] RfC: License update proposal

2009-01-31 Thread David Goodman
I am proud of my work, not of my name being on my work. that's narcissism.

On Sat, Jan 31, 2009 at 6:33 PM, Nikola Smolenski smole...@eunet.yu wrote:
 On Saturday 31 January 2009 11:23:33 Ray Saintonge wrote:
 David Goodman wrote:
  My view is that any restriction of distribution that is not absolutely
  and unquestionably legally  necessary is a violation of the moral
  rights of the contributors. We contributed to a free encyclopedia, in
  the sense that the material could be used freely--and widely. We all
  explicitly agreed there could be commercial use, and most of us did
  not particularly concern ourselves with how other commercial or
  noncommercial sites would use or license the material, as long as what
  we put on Wikipedia could be used by anyone.

 Precisely!  To a large extent, we are effectively releasing our work
 into the public domain, except for the fact that in some countries this

 No, we are not, and it is ridiculous to even think that. First of all, I 
 would most certainly not work on Wikipedia or any similar project if that 
 would mean that my work is put in the public domain.

 is not allowed.  Also, putting a work into the public domain means
 abandoning our rights of action in the event that there is infringement

 No, it does not. Even if we have had put our work in public domain, in most 
 jurisdictions we would still retain our moral rights. No one would be allowed 
 to claim to be the author, for example.

 on that public ownership. There is no custodian of the public domain to
 take action when the copyrights of the general public have been infringed.

 Yes, there is. For example, Copyright law of Serbia explicitly specifies 
 (Article 56) that author's heirs, associations of authors and scientific and 
 art institutions are entitled to protect moral rights of the authors.

 edit each others' work mercilessly.  Having a long list of names in
 2-point type just so that the individual editor can see his name in
 print is wasteful and contrary to the spirit of our collective effort.

 It is not having editors' names anywhere that is wasteful and contrary to the 
 spirit of our collective effort. People are doing what they are because they 
 take pride of what they do. If people are not properly credited, fewer people 
 will work on the projects. If people are not properly credited, they will 
 care less about their reputation and write worse. There is absolutely nothing 
 to gain, and a number of things to lose from not crediting the authors.
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-- 
David Goodman, Ph.D, M.L.S.
http://en.wikipedia.org/wiki/User_talk:DGG

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Re: [Foundation-l] RfC: License update proposal

2009-01-31 Thread Jussi-Ville Heiskanen
David Goodman wrote:
 I am proud of my work, not of my name being on my work. that's narcissism.
   

It is a bit ego-centric to only care about how one self only
views ones work as mattering. It is wise and pragmatic
to acknowledge that not every individual thinks as one
thinks themselves. That is pluralism.

I don't myself care too much about being attributed
(which is one of the reasons for a long time I just did
IP-based edits), but I certainly will defend to the utmost
anyones right to feel pride from name-recognition.

Given that not that many books in the world are
published anonymously, clearly this approach to ones
name is far from exceptional.


Yours,

Jussi-Ville Heiskanen


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Re: [Foundation-l] RfC: License update proposal

2009-01-31 Thread Jussi-Ville Heiskanen
Ray Saintonge wrote:
 David Goodman wrote:
   
 My view is that any restriction of distribution that is not absolutely
 and unquestionably legally  necessary is a violation of the moral
 rights of the contributors. We contributed to a free encyclopedia, in
 the sense that the material could be used freely--and widely. We all
 explicitly agreed there could be commercial use, and most of us did
 not particularly concern ourselves with how other commercial or
 noncommercial sites would use or license the material, as long as what
 we put on Wikipedia could be used by anyone.

   
 
 Precisely!  To a large extent, we are effectively releasing our work 
 into the public domain, except for the fact that in some countries this 
 is not allowed.  Also, putting a work into the public domain means 
 abandoning our rights of action in the event that there is infringement 
 on that public ownership. There is no custodian of the public domain to 
 take action when the copyrights of the general public have been infringed.

   

This is an important point. It is precisely why it is not a
good idea to remove attribution. Because just as
releasing into public domain is not allowed in many
jurisdictions, equally removing attribution willy-nilly
is not allowed in many jurisdictions.

If we were removing attribution like that, the problems
would be nearly of the same order as from releasing
it all to PD. Moving modified content from one
jurisdiction to another would become a nightmare.

Specifically in the case of CC-BY-SA my understanding
is that any provisions it has for not honouring the moral
rights laws of those jurisdictions where they are active,
would only be useful, if one were working on a
project that never wanted it to be realistically
usefully re-used in such jurisdictions; which, again
in my understanding, Wikimedia is not.

...[snip]..

 I choose to edit with a pseudonym, though my real name is certainly well 
 known to the community.  My self-esteem is not so week that I need to be 
 publicly credited for every last edit that I make, the satisfaction of a 
 job well-done is its own reward.  We do not own the articles, and we 
 edit each others' work mercilessly.  Having a long list of names in 
 2-point type just so that the individual editor can see his name in 
 print is wasteful and contrary to the spirit of our collective effort.  
 This is not what credit and attribution is about.  Expecting anything 
 more from the downstream user than to say that he took things from 
 Wikipedia is unrealistic.

 Ec

   

Heh. I call your pseudonymous editing, and raise you: I like
to edit anonymously occasionally.

See my paragraphs above. We do want to have our content
to be useful within the parameters of as many jurisdictions
as the CC-BY-SA license allows, clearly, and the laws of many
jurisdictions are clearly not satisfied with crediting Wikipedia.
Or at the very least, the arguments why they would be thus
satisfied, have not been spelled out on this mailing list.
There *has* been an _assertion_ that legal people have
been consulted, and based on this some people *think*
such could be defended; but this has been disputed by
multiple parties.

For that matter. Wikipedia certainly gets no warm fuzzies
from receiving credit, so why should it be credited at all,
and not just its contributors - purely from the reason of
giving credit where is credit is due point of view.

The only reason you would have for crediting wikipedia
would be because you accepted that fundamentally its
contributors deserved some credit for the work, if the
mention was done merely for reasons of giving credit;
and not other reasons such as allowing verification or
the like.



Yours,

Jussi-Ville Heiskanen





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Re: [Foundation-l] RfC: License update proposal

2009-01-31 Thread Jussi-Ville Heiskanen
Ray Saintonge wrote:
 The only reason that moral rights is an issue is its inclusion in the 
 statutes of various countries.  It mostly stems from an inflated 
 Napoleonic view of the Rights of Man that was meant to replace the 
 divine rights of kings.  Common law countries have been loath to embark 
 in this direction.  Moral rights are mentioned in the US law, but only 
 as a toothless tiger.

 Ec

   


I would actually be interested to get the background for
this interpretation of how moral rights came to happen
as a legal idea. If there are such references.

Particularly as the legal reasons in at least Finnish legal
manuals for laymen who have to deal with moral rights
seem to focus on the utility moral rights have in terms of
protecting the artisans reputation as being good at his
craft.

I have great difficulty understanding how the right to examine
could be traced to some grandiose Rights of Man basis,
since the argument presented for this particular moral right is
clearly grounded on protecting the artisan/artists ability
to examine their earlier work, to remind them self and
refresh their memory on methods they had employed on those
works, and thus enable them to not lose skills and methods
they had mastered in earlier days.


Yours,

Jussi-Ville Heiskanen


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Re: [Foundation-l] RfC: License update proposal

2009-01-30 Thread Jussi-Ville Heiskanen
Anthony wrote:
 On Thu, Jan 29, 2009 at 9:34 AM, Jussi-Ville Heiskanen cimonav...@gmail.com
   
 wrote:
 

   
 Jussi-Ville Heiskanen wrote:
 
 But I am sure there are no applicable moral rights
 to let's say correcting missing space around punctuation.
   
 I have made some studies, and it appears this last
 sentence is in fact complete bollocks. (xcuse my french)

 There is a frequently expressed view that the moral
 rights provision of paternity rights are there to
 protect the authors right to be identified as the
 originator of the work, but it is in fact (according to
 a finding by Finnish copyrights protection arbitration
 committee - which of course has no actual legal standing
 as a binding precedent on later court cases) somewhat
 more involved.

 TN 1991:7 states that the paternity right extends to
 the level of making it obligatory to not only mention
 if the original authors work has been tampered in some
 way (adapted, translated, modified, whatever; choose
 your own term) but to identify specifically by whom, if
 known.

 This is a very strong finding, though as far as I know
 untested in an actual court of law here.

 I am sure most cases of shuffling punctuation around
 and such is not something that can be considered
 creative acts, but certainly they would qualify as
 modifications. And I was recently reminded of the
 Emily Dickinson poem A Narrow Fellow in the Grass
 (published as The Snake in The Republican) had
 a change of a single punctuation mark, which in her
 own view changed the meaning of it completely on its
 head; so even a mechanical application of considering
 punctuation changes as minor, is not universally
 defensible.
 


 I hope you don't mind my abbreviation of your original context.  Anyone who
 didn't read the original post can scroll back a few messages to see it.

 Anyway, it seems to me that the purported moral right you're speaking of
 would be a right of the original author, and not a right of the person
 making the modification.  Am I correct in this assumption?
   

I think you have hit the nail on the head there. But of course
there is a bigger can of worms to be opened, in the sense
that even though the original author would under this theory
have an imperative right to make known all modifiers, it is very
unclear whether some forms of modification would confer equal
authorship rights to *their own modified version*. This is of
course in particular interest to translators; but in the wikipedia
context would be relevant to any editors who substantively
improved an article.

If it were legally defensible to claim such rights, it would of
course only apply to modifications made to the version they
had sufficiently modified to confer a legitimate authorship
right to it. There is no way to grand-father authorship rights
even under the moral rights regime.

 If so, I think it has significance in the how that right should be
 protected, if indeed one is to accept that it is a right.  In that sense,
 I'm not sure how modified by a bunch of idiots on Wikipedia is any worse
 than modified by [insert a bunch of psudonyms here].

 On the other hand, the GFDL (via the section entitled History) certainly
 protects this purported right much stronger than CC-BY-SA under any
 interpretation.  CC-BY-SA mostly attempts to punt on these issues, leaving
 it to the laws of the individual states (and in some cases to the terms of
 service of the individual ISPs where the content is first contributed).
   

I have no opinion on this point in support of your view, but will
not present my objections publicly either.
 Personally I think there ought to be a philosophical discussion of whether
 or not this is a right the WMF wishes to recognize, and if so, to what
 extent.  Only by answering that question can this issue be rationally
 resolved, and once that question is answered the specifics should come quite
 naturally.  But there seems to be a reluctance to engage in such discussion
 on this mailing list.

   
This point is one I wholly subscribe to though.


Yours in amity,

Jussi-Ville Heiskanen




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Re: [Foundation-l] RfC: License update proposal

2009-01-30 Thread Ray Saintonge
Michael Snow wrote:
 Requirements like that (the US used to 
 require a copyright notice) have been stripped away as an unreasonable 
 burden on authors.
I don't think that that was the reason.  The publishers would be the 
ones to make sure that the notice was there anyway. Like abandoning the 
requirement that registration was a precondition to copyright 
protection, it was a consequence to acceding to international treaties 
which demanded that copyright vest automatically in the author.  The 
author could not lose his rights out of ignorance.

Ec

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Re: [Foundation-l] RfC: License update proposal

2009-01-30 Thread Michael Snow
Ray Saintonge wrote:
 Michael Snow wrote:
   
 Requirements like that (the US used to 
 require a copyright notice) have been stripped away as an unreasonable 
 burden on authors.
 
 I don't think that that was the reason.  The publishers would be the 
 ones to make sure that the notice was there anyway. Like abandoning the 
 requirement that registration was a precondition to copyright 
 protection, it was a consequence to acceding to international treaties 
 which demanded that copyright vest automatically in the author.  The 
 author could not lose his rights out of ignorance.
   
I'm aware of the background behind the change. I don't find any of it 
inconsistent with saying the requirement was deemed an unreasonable 
burden on authors, those are simply some of the arguments why it was 
unreasonable.

--Michael Snow

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Re: [Foundation-l] RfC: License update proposal

2009-01-30 Thread Ray Saintonge
Delirium wrote:
 Anthony wrote:
   
 My point of view is that the proposed license update is a violation of the
 moral rights of the contributors.  If Mike is going to deny that moral
 rights exist in the first place, then I feel the need to explain that they
 do.
 
 The problem is that moral rights in your sense---i.e. not the legal 
 construct moral rights that exists in some countries' laws, but a more 
 general concept of morality as it relates to authorship---boils down to 
 settling philosophical debates on what constitutes a right, what 
 morality is, and so on. You have some opinions on these matters, while 
 others have other opinions, and I certainly don't expect this mailing 
 list to be the place where centuries-long debates over what (if 
 anything) constitutes a moral right are resolved. So I'm not too sure 
 what the point of the discussion is.
   
The only reason that moral rights is an issue is its inclusion in the 
statutes of various countries.  It mostly stems from an inflated 
Napoleonic view of the Rights of Man that was meant to replace the 
divine rights of kings.  Common law countries have been loath to embark 
in this direction.  Moral rights are mentioned in the US law, but only 
as a toothless tiger.

Ec

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Re: [Foundation-l] RfC: License update proposal

2009-01-29 Thread Jussi-Ville Heiskanen
First, right up top (not top posting; but noting something intentionally 
at the top
of this posting), let me acknowledge that responding to one of ones own
postings is considered bad form. But in my defense I will note that I am 
genuinely
not doing so in order to prolong a thread well past its sale by date, 
but to correct
an inadvertent error I had made, which can be of some significance, 
after I was
informed of it.


Jussi-Ville Heiskanen wrote:
 Andrew Gray wrote:
 2009/1/23 Nikola Smolenski smole...@eunet.yu:


  
 Article length was 82028 bytes, and length of contributors' names is 
 650 bytes
 (or 0.8% of the article's length). If that would be printed in an
 encyclopedic format, the article would take some more than ten 
 pages, and the
 list of authors would take 10 rows, if printed in a slightly smaller 
 font. To
 me, this looks reasonable.
 

 It's a lot less unreasonable than many suggestions! :-)

 I wonder - would it be possible to get some kind of script set up to
 take, say, a thousand of our most popular articles and tell us what
 the cite all named authors who make nontrivial contributions result
 would be like? This might be a useful bit of data...

   

 I think it is useful to note that even in countries where
 moral rights are inalienable, there is a requirement of
 originality and creative effort.

 Just recently there was a question put to the Finnish
 Mr. Intellectual Property law (Jukka Kemppinen, who
 quite by the by, was one of the speakers at the seminar
 to mark 100 000 articles in the Finnish language wikipedia)
 on whether a text message could be considered to be
 sufficiently original to constitute a work as defined
 in the authors rights legislation. The situation was
 related to a tabloid publishing obscene text messages
 a government minister had sent to an exotic dancer.

 According to Jukka Kemppinen, a simple two line
 obscene rhyming text message Älä luota muihin,
 ota multa suihin. - giving a completely hypothetical
 example - would be quite sufficient to be
 a work. (and no, I won't translate the message).

 But I am sure there are no applicable moral rights
 to let's say correcting missing space around punctuation.
I have made some studies, and it appears this last
sentence is in fact complete bollocks. (xcuse my french)

There is a frequently expressed view that the moral
rights provision of paternity rights are there to
protect the authors right to be identified as the
originator of the work, but it is in fact (according to
a finding by Finnish copyrights protection arbitration
committee - which of course has no actual legal standing
as a binding precedent on later court cases) somewhat
more involved.

TN 1991:7 states that the paternity right extends to
the level of making it obligatory to not only mention
if the original authors work has been tampered in some
way (adapted, translated, modified, whatever; choose
your own term) but to identify specifically by whom, if
known.

This is a very strong finding, though as far as I know
untested in an actual court of law here.

I am sure most cases of shuffling punctuation around
and such is not something that can be considered
creative acts, but certainly they would qualify as
modifications. And I was recently reminded of the
Emily Dickinson poem A Narrow Fellow in the Grass
(published as The Snake in The Republican) had
a change of a single punctuation mark, which in her
own view changed the meaning of it completely on its
head; so even a mechanical application of considering
punctuation changes as minor, is not universally
defensible.


Yours,

Jussi-Ville Heiskanen



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Re: [Foundation-l] RfC: License update proposal

2009-01-29 Thread Anthony
On Thu, Jan 29, 2009 at 9:34 AM, Jussi-Ville Heiskanen cimonav...@gmail.com
 wrote:

 Jussi-Ville Heiskanen wrote:
  But I am sure there are no applicable moral rights
  to let's say correcting missing space around punctuation.
 I have made some studies, and it appears this last
 sentence is in fact complete bollocks. (xcuse my french)

 There is a frequently expressed view that the moral
 rights provision of paternity rights are there to
 protect the authors right to be identified as the
 originator of the work, but it is in fact (according to
 a finding by Finnish copyrights protection arbitration
 committee - which of course has no actual legal standing
 as a binding precedent on later court cases) somewhat
 more involved.

 TN 1991:7 states that the paternity right extends to
 the level of making it obligatory to not only mention
 if the original authors work has been tampered in some
 way (adapted, translated, modified, whatever; choose
 your own term) but to identify specifically by whom, if
 known.

 This is a very strong finding, though as far as I know
 untested in an actual court of law here.

 I am sure most cases of shuffling punctuation around
 and such is not something that can be considered
 creative acts, but certainly they would qualify as
 modifications. And I was recently reminded of the
 Emily Dickinson poem A Narrow Fellow in the Grass
 (published as The Snake in The Republican) had
 a change of a single punctuation mark, which in her
 own view changed the meaning of it completely on its
 head; so even a mechanical application of considering
 punctuation changes as minor, is not universally
 defensible.


I hope you don't mind my abbreviation of your original context.  Anyone who
didn't read the original post can scroll back a few messages to see it.

Anyway, it seems to me that the purported moral right you're speaking of
would be a right of the original author, and not a right of the person
making the modification.  Am I correct in this assumption?

If so, I think it has significance in the how that right should be
protected, if indeed one is to accept that it is a right.  In that sense,
I'm not sure how modified by a bunch of idiots on Wikipedia is any worse
than modified by [insert a bunch of psudonyms here].

On the other hand, the GFDL (via the section entitled History) certainly
protects this purported right much stronger than CC-BY-SA under any
interpretation.  CC-BY-SA mostly attempts to punt on these issues, leaving
it to the laws of the individual states (and in some cases to the terms of
service of the individual ISPs where the content is first contributed).

Personally I think there ought to be a philosophical discussion of whether
or not this is a right the WMF wishes to recognize, and if so, to what
extent.  Only by answering that question can this issue be rationally
resolved, and once that question is answered the specifics should come quite
naturally.  But there seems to be a reluctance to engage in such discussion
on this mailing list.

So, might as well just flip a coin.
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Re: [Foundation-l] RfC: License update proposal

2009-01-28 Thread Anthony
On Mon, Jan 26, 2009 at 10:58 PM, Jussi-Ville Heiskanen 
cimonav...@gmail.com wrote:

 Mike Linksvayer wrote:
  As others have pointed out on this or nearby threads, attribution is
  highly medium specific.
 [snip]
 However, if what you say happens to in fact be correct
 (never mind if it has been previously covered in these
 threads or not), that would be quite significant, in
 particular in those jurisdictions where moral rights
 are defined in law.


I don't think there's much dispute that attribution is highly medium
specific.  A URL printed in a textbook is clearly much different from a URL
encoded into a web page.  The only question is whether the specifics should
focus on the rights of the author, or on maximizing ease of redistribution.
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Re: [Foundation-l] RfC: License update proposal

2009-01-28 Thread Jussi-Ville Heiskanen
Anthony wrote:
 On Mon, Jan 26, 2009 at 10:58 PM, Jussi-Ville Heiskanen 
 cimonav...@gmail.com wrote:

   
 Mike Linksvayer wrote:
 
 As others have pointed out on this or nearby threads, attribution is
 highly medium specific.
   
 [snip]
 However, if what you say happens to in fact be correct
 (never mind if it has been previously covered in these
 threads or not), that would be quite significant, in
 particular in those jurisdictions where moral rights
 are defined in law.
 


 I don't think there's much dispute that attribution is highly medium
 specific.  
I don't think anybody can dispute you just quoted me highly
out of context.

 A URL printed in a textbook is clearly much different from a URL
 encoded into a web page.  The only question is whether the specifics should
 focus on the rights of the author, or on maximizing ease of redistribution.
   

No, that is precisely a false dilemma. there are a whole range
of issues to consider, and those aren't even the necessarily
most cogent ones. In some circumstances maximizing ease of
redistribution and the rights of the author go hand in hand.

And in some corner cases, idiots (and I am not meaning you
but specifically some of your less clueful opponents) will argue
that sacrificing the authors pride of doing good in a copyleft
context is a necessary price to pay to make it easier to
redistribute. This is false, and I am willing to argue against
this statement when posited at any forum in any fashion, if
I am given my right to express my arguments.


Yours,

Jussi-Ville Heiskanen


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Re: [Foundation-l] RfC: License update proposal

2009-01-28 Thread Anthony
On Wed, Jan 28, 2009 at 11:11 AM, Jussi-Ville Heiskanen 
cimonav...@gmail.com wrote:

 Anthony wrote:
  On Mon, Jan 26, 2009 at 10:58 PM, Jussi-Ville Heiskanen 
  cimonav...@gmail.com wrote:
 
 
  Mike Linksvayer wrote:
 
  As others have pointed out on this or nearby threads, attribution is
  highly medium specific.
 
  [snip]
  However, if what you say happens to in fact be correct
  (never mind if it has been previously covered in these
  threads or not), that would be quite significant, in
  particular in those jurisdictions where moral rights
  are defined in law.
 
 
 
  I don't think there's much dispute that attribution is highly medium
  specific.
 I don't think anybody can dispute you just quoted me highly
 out of context.


If so, I must not have understood your original comment, and I apologize.

 A URL printed in a textbook is clearly much different from a URL
  encoded into a web page.  The only question is whether the specifics
 should
  focus on the rights of the author, or on maximizing ease of
 redistribution.
 

 No, that is precisely a false dilemma. there are a whole range
 of issues to consider, and those aren't even the necessarily
 most cogent ones. In some circumstances maximizing ease of
 redistribution and the rights of the author go hand in hand.

 And in some corner cases, idiots (and I am not meaning you
 but specifically some of your less clueful opponents) will argue
 that sacrificing the authors pride of doing good in a copyleft
 context is a necessary price to pay to make it easier to
 redistribute. This is false, and I am willing to argue against
 this statement when posited at any forum in any fashion, if
 I am given my right to express my arguments.


 Yours,

 Jussi-Ville Heiskanen

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Re: [Foundation-l] RfC: License update proposal

2009-01-26 Thread Jussi-Ville Heiskanen
David Gerard wrote:
 2009/1/24 The Cunctator cuncta...@gmail.com:

   
 I'm not sure why we're so stressed out about getting things exactly legally
 right, since once edit histories for anything created before 2002 / late
 2001 were wiped out, any of those articles don't have an accurate author
 list.
 


 If you take out the subthreads of Anthony trolling and being fed with
 responses, you'll see there's much less to this thread than it seems
 at first glance.


 - d.

   

I think you are precisely inaccurate on this point. Quite the
contrary. I seriously feel that the part where Anthony is
taking on all comers, is masking the fact that there is a
serious shift underway in the way WMF is operating.

WMF used to really be a (choose a heavy-weight designation) pound
gorilla in the GFDL users pool.

When we transition to the Creative Commons universe, we will
never again regain that status, and a combative stance will
do us no favors.

So at the very minimum, it would well serve us to know what the
established standards are within CC-BY-SA, in particular focusing
on the BY part.


Yours faithfully,

Jussi-Ville Heiskanen




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Re: [Foundation-l] RfC: License update proposal

2009-01-26 Thread Mike Linksvayer
On Mon, Jan 26, 2009 at 7:56 AM, Jussi-Ville Heiskanen
cimonav...@gmail.com wrote:
 WMF used to really be a (choose a heavy-weight designation) pound
 gorilla in the GFDL users pool.

 When we transition to the Creative Commons universe, we will
 never again regain that status, and a combative stance will
 do us no favors.

I think gaging the relative status of Wikimedia projects in the GFDL
and CC-BY-SA universes by the size alone is an apples-to-oranges
comparison. Wikipedia might be the only GFDL project most people could
name, but in that universe the needs of GNU software manuals carry a
lot of weight. The CC-BY-SA universe is much bigger and more diverse,
but Wikimedia projects would be the single most influential player (in
many senses already have been for years), in what I'm certain will be
a very symbiotic relationship, including the parts where some members
of the community take combative stances.

 So at the very minimum, it would well serve us to know what the
 established standards are within CC-BY-SA, in particular focusing
 on the BY part.

As others have pointed out on this or nearby threads, attribution is
highly medium specific.  Personally, I think the guidelines Erik has
mooted are very much in line with what CC-BY-SA enables and the wiki
medium, but there's no better group than this (meaning Wikimedia
projects collectively, if not just foundation-l) to improve on these
if needed.

And back to the weight of Wikimedia projects within and symbiotic
relationship with the CC-BY-SA universe, if there's anything that can
be done to clarify or otherwise improve license support for
attribution in massively collaborative projects, I fully expect input
from Wikimedia communities/projects/staff to be the most important
input into shaping such improvements in any eventual versioning of
CC-BY-SA.

Mike

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Re: [Foundation-l] RfC: License update proposal

2009-01-26 Thread Jussi-Ville Heiskanen
Mike Linksvayer wrote:
 On Mon, Jan 26, 2009 at 7:56 AM, Jussi-Ville Heiskanen
 cimonav...@gmail.com wrote:
   
 So at the very minimum, it would well serve us to know what the
 established standards are within CC-BY-SA, in particular focusing
 on the BY part.
 

 As others have pointed out on this or nearby threads, attribution is
 highly medium specific.  
That has been expressed as a preference for pragmatic
reasons. I don't think anyone has in fact been talking
about what the current practices are in this respect in
differing media in the Creative Commons world as things
stand, before WMF transitioning there. There may have
been very thin mentions of other parts of WMF than
wikipedia which have been Creative Commons from the
git-go.

However, if what you say happens to in fact be correct
(never mind if it has been previously covered in these
threads or not), that would be quite significant, in
particular in those jurisdictions where moral rights
are defined in law. At least one legal out for the absolute
paternity right to a work here in Finland, is the part
that the form of attribution should accord with common
methods of the field, and good manners.

There is case-law on this. (KKO 1992:63 (Kalevala Koru))
was a decision that a jeweler did not have to include
the name of the designer with the packaging of each
individual piece of jewelery sold, as long as the designer
was credited in a more general fashion, with the sales
material etc. sent to the stores in relation to the works.

In that decision it was considered that the standard of
that particular field was that the name of the artist who
designed the jewelery was affixed to each piece of jewelery
if the artist happened to have sufficient name recognition,
but not otherwise.

 Personally, I think the guidelines Erik has
 mooted are very much in line with what CC-BY-SA enables and the wiki
 medium, but there's no better group than this (meaning Wikimedia
 projects collectively, if not just foundation-l) to improve on these
 if needed.

   
Equally personally, I think Erik's first suggestions were
borderline legally defensible, in the sense that an argument
could be framed around it, though not necessarily one
that is a slam-dunk to prevail on, nor remotely a strongly
persuasive one.

That said, my personal view on what is the right thing
to do about attribution is far more nuanced than a merely
legalistic one. But I won't revisit or develop it publicly at
this point.


Yours,

Jussi-Ville Heiskanen



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Re: [Foundation-l] RfC: License update proposal

2009-01-25 Thread Robert Rohde
On Sat, Jan 24, 2009 at 7:18 PM, David Goodman dgoodma...@gmail.com wrote:
 My view is that any restriction of distribution that is not absolutely
 and unquestionably legally  necessary is a violation of the moral
 rights of the contributors. We contributed to a free encyclopedia, in
 the sense that the material could be used freely--and widely. We all
 explicitly agreed there could be commercial use, and most of us did
 not particularly concern ourselves with how other commercial or
 noncommercial sites would use or license the material, as long as what
 we put on Wikipedia could be used by anyone.

David, I think there are many people (myself included) who think that
goes too far.

Personally, I care whether or not reusers attempt to follow the spirit
of the copyleft and make their changes and contributions available for
future reuse.  If we wanted to be truly free, we would all license our
work into the public domain, but instead we work under a copyleft and
I consider honoring that distinction to be important.

-Robert Rohde

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Re: [Foundation-l] RfC: License update proposal

2009-01-25 Thread Sam Johnston
On Sun, Jan 25, 2009 at 10:05 PM, Robert Rohde raro...@gmail.com wrote:

 On Sat, Jan 24, 2009 at 7:18 PM, David Goodman dgoodma...@gmail.com
 wrote:
  My view is that any restriction of distribution that is not absolutely
  and unquestionably legally  necessary is a violation of the moral
  rights of the contributors. We contributed to a free encyclopedia, in
  the sense that the material could be used freely--and widely. We all
  explicitly agreed there could be commercial use, and most of us did
  not particularly concern ourselves with how other commercial or
  noncommercial sites would use or license the material, as long as what
  we put on Wikipedia could be used by anyone.


Well said - I couldn't agree more.


 Personally, I care whether or not reusers attempt to follow the spirit of
 the copyleft and make their changes and contributions available for future
 reuse.


You're mixing issues - nobody has a problem with 'follow[ing] the spirit of
the copyleft', it's making them jump through arbitrary hoops to do so that
is the problem.


 If we wanted to be truly free, we would all license our work into the
 public domain, but instead we work under a copyleft and I consider honoring
 that distinction to be important.


Nobody is suggesting otherwise. There are plenty of good reasons not to use
public domain and I for one certainly value the 'protection' of CC-BY-SA
without the 'exclusion' of detailed (yet meaningless) attributions.

Sam
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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread David Gerard
2009/1/24 The Cunctator cuncta...@gmail.com:

 I'm not sure why we're so stressed out about getting things exactly legally
 right, since once edit histories for anything created before 2002 / late
 2001 were wiped out, any of those articles don't have an accurate author
 list.


If you take out the subthreads of Anthony trolling and being fed with
responses, you'll see there's much less to this thread than it seems
at first glance.


- d.

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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread Anthony
On Sat, Jan 24, 2009 at 4:08 PM, The Cunctator cuncta...@gmail.com wrote:

 I'm not sure why we're so stressed out about getting things exactly legally
 right, since once edit histories for anything created before 2002 / late
 2001 were wiped out, any of those articles don't have an accurate author
 list.


Who is stressed out about getting things exactly legally right?
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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread Jon Harald Søby
Also, I doubt that anything remains of those articles to dive credit for.

2009/1/24 Thomas Dalton thomas.dal...@gmail.com

 2009/1/24 The Cunctator cuncta...@gmail.com:
  I'm not sure why we're so stressed out about getting things exactly
 legally
  right, since once edit histories for anything created before 2002 / late
  2001 were wiped out, any of those articles don't have an accurate author
  list.

 True, but since it is unlikely anyone can prove that they wrote those
 early articles, they can't take any legal action because of it.

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-- 
Jon Harald Søby
http://meta.wikimedia.org/wiki/User:Jon_Harald_S%C3%B8by
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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread Thomas Dalton
2009/1/24 David Gerard dger...@gmail.com:
 2009/1/24 The Cunctator cuncta...@gmail.com:

 I'm not sure why we're so stressed out about getting things exactly legally
 right, since once edit histories for anything created before 2002 / late
 2001 were wiped out, any of those articles don't have an accurate author
 list.


 If you take out the subthreads of Anthony trolling and being fed with
 responses, you'll see there's much less to this thread than it seems
 at first glance.

The same applies to most foundation-l threads, doesn't it? (Although
it isn't always Anthony - plenty of people take their turns.)

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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread Chad
On Sat, Jan 24, 2009 at 4:44 PM, Anthony wikim...@inbox.org wrote:

 On Sat, Jan 24, 2009 at 4:08 PM, The Cunctator cuncta...@gmail.com
 wrote:

  I'm not sure why we're so stressed out about getting things exactly
 legally
  right, since once edit histories for anything created before 2002 / late
  2001 were wiped out, any of those articles don't have an accurate author
  list.


 Who is stressed out about getting things exactly legally right?
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This list, in the same way it overreacts to pretty much everything.

The sky is blue!
No it's not!
I can see it outside
We need a poll.
Polls are evil.
Maybe an unofficial straw poll then?
[random CIA conspiracies about polls]
Etc.

I've found this format applies to pretty much all discussions on
this list. It's about as predictable as a Lifetime movie.

-Chad
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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread Anthony
On Sat, Jan 24, 2009 at 5:07 PM, Chad innocentkil...@gmail.com wrote:

 On Sat, Jan 24, 2009 at 4:44 PM, Anthony wikim...@inbox.org wrote:

  On Sat, Jan 24, 2009 at 4:08 PM, The Cunctator cuncta...@gmail.com
  wrote:
 
   I'm not sure why we're so stressed out about getting things exactly
  legally
   right, since once edit histories for anything created before 2002 /
 late
   2001 were wiped out, any of those articles don't have an accurate
 author
   list.
 
 
  Who is stressed out about getting things exactly legally right?
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 This list, in the same way it overreacts to pretty much everything.

 The sky is blue!
 No it's not!
 I can see it outside
 We need a poll.
 Polls are evil.
 Maybe an unofficial straw poll then?
 [random CIA conspiracies about polls]
 Etc.

 I've found this format applies to pretty much all discussions on
 this list. It's about as predictable as a Lifetime movie.


Mike took us off on a tangent when he insisted that the concept of moral
rights was a purely legal construction, but up until then I thought things
were going well.
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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread Thomas Dalton
2009/1/24 Anthony wikim...@inbox.org:
 Mike took us off on a tangent when he insisted that the concept of moral
 rights was a purely legal construction, but up until then I thought things
 were going well.

Or you went off on a tangent when you started talking about moral
rights in a more general sense that was strictly relevant to the
discussion. Either way, a tangent was certainly gone off on.

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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread Anthony
On Sat, Jan 24, 2009 at 5:39 PM, Thomas Dalton thomas.dal...@gmail.comwrote:

 2009/1/24 Anthony wikim...@inbox.org:
  Mike took us off on a tangent when he insisted that the concept of moral
  rights was a purely legal construction, but up until then I thought
 things
  were going well.

 Or you went off on a tangent when you started talking about moral
 rights in a more general sense that was strictly relevant to the
 discussion. Either way, a tangent was certainly gone off on.


My point of view is that the proposed license update is a violation of the
moral rights of the contributors.  If Mike is going to deny that moral
rights exist in the first place, then I feel the need to explain that they
do.

I guess I could just ignore this point, as rather self-evidently false, but
I was also interested in why he felt that way.

Anyway, I don't know where this leaves us.  At least one moderator has
suggested that this needs to stop, so it's unclear whether it's possible to
discuss this issue at all.
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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread Delirium
Anthony wrote:
 My point of view is that the proposed license update is a violation of the
 moral rights of the contributors.  If Mike is going to deny that moral
 rights exist in the first place, then I feel the need to explain that they
 do.
   
The problem is that moral rights in your sense---i.e. not the legal 
construct moral rights that exists in some countries' laws, but a more 
general concept of morality as it relates to authorship---boils down to 
settling philosophical debates on what constitutes a right, what 
morality is, and so on. You have some opinions on these matters, while 
others have other opinions, and I certainly don't expect this mailing 
list to be the place where centuries-long debates over what (if 
anything) constitutes a moral right are resolved. So I'm not too sure 
what the point of the discussion is.

For what it's worth, Mike's position, that there are no pre-existing 
moral rights outside those granted by laws and society, is also a 
legitimate one, and probably the dominant view in modern philosophy of 
ethics (natural-law theorists aren't too common these days, outside of 
politics anyway).

For our purposes it boils down to:
1) What, legally, can we do as far as licensing goes?
2) Of the range of options we can legally take, which should we prefer?

You can answer #2 based on a whole range of things, depending on your 
personal viewpoints on ethics, personal priorities as they relate to the 
project, preference for being credited versus not, interest in different 
kinds of reuse, etc., but for our purposes these essentially boil down 
to various people having different opinions.

-Mark


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Re: [Foundation-l] RfC: License update proposal

2009-01-24 Thread The Cunctator
I can prove what I wrote :)

On Sat, Jan 24, 2009 at 4:12 PM, Thomas Dalton thomas.dal...@gmail.comwrote:

 2009/1/24 The Cunctator cuncta...@gmail.com:
  I'm not sure why we're so stressed out about getting things exactly
 legally
  right, since once edit histories for anything created before 2002 / late
  2001 were wiped out, any of those articles don't have an accurate author
  list.

 True, but since it is unlikely anyone can prove that they wrote those
 early articles, they can't take any legal action because of it.

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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Nikola Smolenski
On Thursday 22 January 2009 01:11:15 Erik Moeller wrote:
 Because I don't think it's good to discuss attribution as an abstract
 principle, just as an example, the author attribution for the article
 [[France]] is below, excluding IP addresses. According to the view
 that attribution needs to be given to each pseudonym, this entire
 history would have to be included with every copy of the article.

I have attempted to do something similar, by using the WikiBlame tool ( 
http://hewgill.com/~greg/wikiblame/ ) on the article 
http://en.wikipedia.org/wiki/Athens , that is also fairly large and fairly 
edited article.

The article as of today has 6438 revisions with 2296 distinct contributors 
(anonymous included) of which 945 are registered Wikipedia users (for 
comparison, the article [[France]] has 1345 distinct contributors which are 
registered Wikipedia users).

However, according to http://hewgill.com/~greg/wikiblame/Athens.html and to 
the extent its results are correct, as of sometime in 2008, the article had 
480 distinct edits made by 188 distinct contributors (anonymous included) of 
which 103 are registered Wikipedia users. If all edits shorter than 10 
characters are excluded, then the article has 273 distinct edits, 121 
distinct contributors (anonymous included) of which 63 are registered 
Wikipedia users. They are given below:

Adam Carr, Aexon79, Alekow, Alx bio, Argos'Dad, Aris Katsaris, AtanasioV, 
Athinaios, Avg, Bart133, Caponer, Cplakidas, D6, Dakart, Dialectric, Ductus, 
Edwy, El Greco, Eric82oslo, Eugenio Archontopoulos, Evzone, Grammar7878, 
Greenshed, Hectorian, Henry Carrington, IRelayer, Jiang, Jmco, Keizuko, 
Kompikos, Korenyuk, LMB, Makalp, Makedonas, MalafayaBot, Male1979, Markussep, 
Metallaxis, Michalis Famelis, MJCdetroit, Nasos12, Nikolas Karalis, Nlu, 
Odysses, Pabouk, Pangrati7878, PHG, Politis, Porfyrios, Pyrate1700, Radiojon, 
Recury, Rich Farmbrough, RTucker, Sabinpopa, Schizophonix, Sdornan, Sthenel, 
Tasoskessaris, Theiasofia, WHeimbigner, Zyxw

Article length was 82028 bytes, and length of contributors' names is 650 bytes 
(or 0.8% of the article's length). If that would be printed in an 
encyclopedic format, the article would take some more than ten pages, and the 
list of authors would take 10 rows, if printed in a slightly smaller font. To 
me, this looks reasonable.

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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Andrew Gray
2009/1/22 Erik Moeller e...@wikimedia.org:

 A vast number of pseudonyms below have no meaning except for
 their context in Wikipedia.

Apropos of which, a thought. We have spilled a good bit of ink over
whether or not it is appropriate for the reuser to attribute
Wikipedia users either alone or in addition to the usernames -
should the project have a right to attribution, etc etc etc. In
practice, wouldn't it be almost essential to name the site where the
work was done *as well* as the usernames? Many of the pseudonyms, in
effect, depend on that context...

(Apologies if this was raised before - I don't remember seeing it)

An article which has had many developments and been passed on might
then wind up with an amalgamated attribution line like:

by the United States Atomic Energy Commission (1962), Wikipedia
contributors NukeUser, John Smith, Jane Doe and Mike Placeholder
(2004-2007), Citizendium contributors Alan White, John Smith and Betty
Green (2007-2009), and anonymous contributors.

It's not exactly smooth, but it is comprehensible, and it does seem
helpful to name the project to give some context to the names.

-- 
- Andrew Gray
  andrew.g...@dunelm.org.uk

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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Andrew Gray
2009/1/23 Nikola Smolenski smole...@eunet.yu:


 Article length was 82028 bytes, and length of contributors' names is 650 bytes
 (or 0.8% of the article's length). If that would be printed in an
 encyclopedic format, the article would take some more than ten pages, and the
 list of authors would take 10 rows, if printed in a slightly smaller font. To
 me, this looks reasonable.

It's a lot less unreasonable than many suggestions! :-)

I wonder - would it be possible to get some kind of script set up to
take, say, a thousand of our most popular articles and tell us what
the cite all named authors who make nontrivial contributions result
would be like? This might be a useful bit of data...

-- 
- Andrew Gray
  andrew.g...@dunelm.org.uk

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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Andre Engels
On Fri, Jan 23, 2009 at 12:22 PM, Andrew Gray andrew.g...@dunelm.org.uk wrote:
 2009/1/23 Nikola Smolenski smole...@eunet.yu:
 Article length was 82028 bytes, and length of contributors' names is 650 
 bytes
 (or 0.8% of the article's length). If that would be printed in an
 encyclopedic format, the article would take some more than ten pages, and the
 list of authors would take 10 rows, if printed in a slightly smaller font. To
 me, this looks reasonable.

 It's a lot less unreasonable than many suggestions! :-)

 I wonder - would it be possible to get some kind of script set up to
 take, say, a thousand of our most popular articles and tell us what
 the cite all named authors who make nontrivial contributions result
 would be like? This might be a useful bit of data...

If you define nontrivial for me, that should not be too hard...


-- 
André Engels, andreeng...@gmail.com

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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Andrew Gray
2009/1/23 Andre Engels andreeng...@gmail.com:

 I wonder - would it be possible to get some kind of script set up to
 take, say, a thousand of our most popular articles and tell us what
 the cite all named authors who make nontrivial contributions result
 would be like? This might be a useful bit of data...

 If you define nontrivial for me, that should not be too hard...

Nikola's cutoff above was If all edits shorter than 10 characters are
excluded... - this sounds not unreasonable, since adding three words
or more will take you over it.

I'm not sure quite how the results were obtained via WikiBlame, but it
certainly seems a little more meaningful than just dumping every name
which appears in the article history. (Admittedly, that has the
advantage of not accidentally excluding anyone...)

-- 
- Andrew Gray
  andrew.g...@dunelm.org.uk

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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Jussi-Ville Heiskanen
Andrew Gray wrote:
 2009/1/23 Nikola Smolenski smole...@eunet.yu:


   
 Article length was 82028 bytes, and length of contributors' names is 650 
 bytes
 (or 0.8% of the article's length). If that would be printed in an
 encyclopedic format, the article would take some more than ten pages, and the
 list of authors would take 10 rows, if printed in a slightly smaller font. To
 me, this looks reasonable.
 

 It's a lot less unreasonable than many suggestions! :-)

 I wonder - would it be possible to get some kind of script set up to
 take, say, a thousand of our most popular articles and tell us what
 the cite all named authors who make nontrivial contributions result
 would be like? This might be a useful bit of data...

   

I think it is useful to note that even in countries where
moral rights are inalienable, there is a requirement of
originality and creative effort.

Just recently there was a question put to the Finnish
Mr. Intellectual Property law (Jukka Kemppinen, who
quite by the by, was one of the speakers at the seminar
to mark 100 000 articles in the Finnish language wikipedia)
on whether a text message could be considered to be
sufficiently original to constitute a work as defined
in the authors rights legislation. The situation was
related to a tabloid publishing obscene text messages
a government minister had sent to an exotic dancer.

According to Jukka Kemppinen, a simple two line
obscene rhyming text message Älä luota muihin,
ota multa suihin. - giving a completely hypothetical
example - would be quite sufficient to be
a work. (and no, I won't translate the message).

But I am sure there are no applicable moral rights
to let's say correcting missing space around punctuation.


Yours,

Jussi-Ville Heiskanen



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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Anthony
On Fri, Jan 23, 2009 at 7:13 AM, Thomas Dalton thomas.dal...@gmail.comwrote:

 2009/1/23 Andrew Gray andrew.g...@dunelm.org.uk:
  2009/1/23 Andre Engels andreeng...@gmail.com:
 
  I wonder - would it be possible to get some kind of script set up to
  take, say, a thousand of our most popular articles and tell us what
  the cite all named authors who make nontrivial contributions result
  would be like? This might be a useful bit of data...
 
  If you define nontrivial for me, that should not be too hard...
 
  Nikola's cutoff above was If all edits shorter than 10 characters are
  excluded... - this sounds not unreasonable, since adding three words
  or more will take you over it.

 In the vast majority of cases, that will work fine. There will be the
 odd edit where less than 10 characters is significant (especially is
 the user has made lots of short edits), but probably not many. It may
 be reasonable to neglect those few corner cases.


Especially if you include a URL to the full detail *as well*.

Of course, the tool should be updated as the technology improves.  10
characters or the details of the tool shouldn't be spelled out somewhere
irrevocably.

And there should probably be some mechanism to manually override it in
corner cases.
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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Robert Rohde
On Fri, Jan 23, 2009 at 5:22 AM, Jussi-Ville Heiskanen
cimonav...@gmail.com wrote:
 I think it is useful to note that even in countries where
 moral rights are inalienable, there is a requirement of
 originality and creative effort.
snip

It is not strictly true that all countries require creativity, some
jurisdictions (notably the UK) tend to use copyright to protect the
expenditure of effort involved regardless of whether the work is
creative.  In other words, the rights follow from the fact that
someone expended time and effort in creating the publication, and do
not necessarily require that the publication contains an original
creative expression.

This is known as the sweat of the brow doctrine [1] and has been
explicitly rejected in US case law.


That said, I'm not sure how much effort one would have to expend in
making cleanup and formatting edits to a wiki article before it could
be considered enough to count.  However, I do think we should give
some consideration to the wikignomes that beautify and cleanup
articles, even if they aren't writing lots of text.  Their work,
though sometimes formulaic, does improve the overall quality and
consistency of the resulting product.

-Robert Rohde

[1] http://en.wikipedia.org/wiki/Sweat_of_the_brow

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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Anthony
On Fri, Jan 23, 2009 at 9:08 AM, Robert Rohde raro...@gmail.com wrote:

 On Fri, Jan 23, 2009 at 5:22 AM, Jussi-Ville Heiskanen
 cimonav...@gmail.com wrote:
  I think it is useful to note that even in countries where
  moral rights are inalienable, there is a requirement of
  originality and creative effort.
 snip

 It is not strictly true that all countries require creativity, some
 jurisdictions (notably the UK) tend to use copyright to protect the
 expenditure of effort involved regardless of whether the work is
 creative.  In other words, the rights follow from the fact that
 someone expended time and effort in creating the publication, and do
 not necessarily require that the publication contains an original
 creative expression.


Isn't this just an economic right which can be waived or traded in a broad
range of circumstances, though?  The individual workers who collected names
for the phone book or fixed the typos therein don't get their names listed
as authors, do they?
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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Delirium
Anthony wrote:
 On Thu, Jan 22, 2009 at 3:38 PM, Mike Godwin mgod...@wikimedia.org wrote:

   
 That said, the GFDL requires authors to be listed in the section
 entitled
 History, and it clearly states that a section Entitled XYZ means
 a named
 subunit of the Document...
   
 So is current Wikipedia practice consistent with the GFDL or not?
 


 I believe that Wikipedia practice is not consistent with the GFDL.  That's
 why I notified you that the WMF's right to use my content under the GFDL has
 been permanently revoked.
   

Considering that Wikipedia practice has not changed since you made those 
edits, why did you make them in the first place, only to revoke them 
later? Do you have *any* purpose in participating in this project, and 
this mailing list discussion, at all, besides trolling? Did you make 
your edits in bad faith solely to give yourself an alleged cause of action?

If you'd like to sue the Wikimedia Foundation, why didn't you: 1) do so 
years ago, when the alleged wrong transpired; and 2) stop harrassing the 
mailing list of a project whose aims you clearly oppose and have no 
interest in participating in.

-Mark


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Re: [Foundation-l] RfC: License update proposal

2009-01-23 Thread Platonides
Andrew Gray wrote:
 2009/1/22 Erik Moeller e...@wikimedia.org:
 
 A vast number of pseudonyms below have no meaning except for
 their context in Wikipedia.
 
 Apropos of which, a thought. We have spilled a good bit of ink over
 whether or not it is appropriate for the reuser to attribute
 Wikipedia users either alone or in addition to the usernames -
 should the project have a right to attribution, etc etc etc. In
 practice, wouldn't it be almost essential to name the site where the
 work was done *as well* as the usernames? Many of the pseudonyms, in
 effect, depend on that context...
 
 (Apologies if this was raised before - I don't remember seeing it)
 
 An article which has had many developments and been passed on might
 then wind up with an amalgamated attribution line like:
 
 by the United States Atomic Energy Commission (1962), Wikipedia
 contributors NukeUser, John Smith, Jane Doe and Mike Placeholder
 (2004-2007), Citizendium contributors Alan White, John Smith and Betty
 Green (2007-2009), and anonymous contributors.
 
 It's not exactly smooth, but it is comprehensible, and it does seem
 helpful to name the project to give some context to the names.

Just saying Wikipedia users wouldn't be a good idea, but I like this
way of mentioning it.



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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 2:46 AM, Nikola Smolenski smole...@eunet.yu wrote:

 On Wednesday 21 January 2009 19:32:15 Erik Moeller wrote:
  2009/1/20 Nikola Smolenski smole...@eunet.yu:
   Don't know about this wording thing, but as a Wikipedia author, I have
 to
   say that I do not think that attributing me in this way is sufficient.
 As
   a Wikimedian, I believe that a lot of people will feel the same.
 
  That's probably true, Nikola. The proposed attribution language is
  intended to balance the various positions (ranging from 'an URL should
  always be fine' to 'names should always be given'), the established

 I'm not sure that these positions should be balanced.


I'd say the key to this whole relicensing debate is that the positions
shouldn't be balanced.  It is my firm conviction that you ought not
violate some individuals' rights for the good of some other (larger) group
of individuals.  Thus, the arguments about how difficult and onerous it is
to give credit fall on deaf ears.  It doesn't matter how difficult it is to
credit people.  People have a right to be credited, and printing a URL in a
book or on a T-shirt or at the end of a movie doesn't cut it.  This is
especially true because *it's the Wikimedia Foundation's fault* that it's so
difficult to track authors in the first place.  I personally was arguing for
more care to be taken in this space and/or an *opt-in* move to a dual
licensing scheme (and adoption of the real name field) *over 4 years ago*
(yes Mike, I double-checked this one).  The fact that these concerns were
ignored for so long *is not the fault of the authors*.  Our rights should
not be violated or balanced away.
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 8:24 AM, Anthony wikim...@inbox.org wrote:
 I'd say the key to this whole relicensing debate is that the positions
 shouldn't be balanced.  It is my firm conviction that you ought not
 violate some individuals' rights for the good of some other (larger) group
 of individuals.  Thus, the arguments about how difficult and onerous it is
 to give credit fall on deaf ears.  It doesn't matter how difficult it is to
 credit people.  People have a right to be credited, and printing a URL in a
 book or on a T-shirt or at the end of a movie doesn't cut it.  This is
 especially true because *it's the Wikimedia Foundation's fault* that it's so
 difficult to track authors in the first place.  I personally was arguing for
 more care to be taken in this space and/or an *opt-in* move to a dual
 licensing scheme (and adoption of the real name field) *over 4 years ago*
 (yes Mike, I double-checked this one).  The fact that these concerns were
 ignored for so long *is not the fault of the authors*.  Our rights should
 not be violated or balanced away.

Questions:
1) Why doesn't a URL to a comprehensive history list cut it? If
anything, I would prefer the URL be used instead of a simple list of
pseudonyms because the URL will contain the revision history and will
display not only who has edited the page, but also the magnitude of
those contributions.  Also, the URL doesn't cut out only 5 of the
authors from the list when a reuser adds a title page (thus removing
all credit from the vast majority of contributors).
2) Printing a small list of pseudonyms of the back of a T-shirt is no
more helpful then the illegible legal disclaimers on TV commercials.
Sure they satisfy the letter of the law but certainly violate it's
spirit. A small comma-separated list tacked on to the end of a printed
version, or scribbled on the bottom of a coffee cup may satisfy the
letter of the attribution clause, but certainly does not satisfy it's
spirit. Is it really better to have a list of authors that may be
illegible, not-searchable and not-sortable? Wouldn't attribution be
better handled by a well-designed web interface? Is it better for
reusers to determine what is the best way to give credit, when we can
give credit in a very positive and well thought-out way and let
reusers simply tap into that?

--Andrew Whitworth

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 9:49 AM, Mike Godwin mgod...@wikimedia.org wrote:

 I think you and I both know that your whole business of saying there
 are over 100 versions of CC-BY-SA was an attempt to try to create
 ambiguity and anxiety when there isn't really any.


No, I could have accomplished quite the same point by saying that there are
over 50 versions, which is clearly true (I'm actually still not convinced
that over 100 isn't correct - I counted 92 just between 2.5 and 3.0, but I
may have double-counted, there doesn't seem to be a clear list of them all).

My point still stands.  There are many versions of CC-BY-SA 3.0.  The
proposal should be specific as to which one(s) it is talking about.  Adding
the words any version of or all versions of or the Unported version of
or the US version of would make this clear.
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Mike Godwin

Anthony writes:

  The credit should be part of the
 work itself, not external to the work.

This is a very odd notion, and I find nothing in the language of any  
free license that supports it.  Freely licensed photos, for example,  
don't have to have the attribution as part of the photo.   Freely  
licensed texts don't require that attribution occur *within* the text  
proper -- it can occur at the beginning or the end.  (You can imagine  
how much more difficult a software manual would be to use if  
attribution had to occur right next to the incorporated text.)  The  
whole notion that attribution is required part of the [substantive]  
work itself rather than adjacent to it, or easily reachable from it,  
is your invention, and, in my view, not a requirement of the language  
of free licenses.

We honor free licenses by making it possible to determine the  
provenance of a work, not by making attribution part of the work  
itself. Nor has the notion of attribution ever been meant to be  
understood rigidly. As Richard Stallman says in his letter regarding  
the point-release change to GFDL: We have never asserted that we will  
not change our licenses, or that we will never make changes like this  
one. Rather, our commitment is that our changes to a license will  
stick to the spirit of that license, and will uphold the purposes for  
which we wrote it.

Stallman also says this:  We did this to allow those sites [such as  
Wikipedia] to make their licenses compatible with other large  
collections of copylefted material that they want to cooperate with.

The ultimate question has to be whether we truly believe Wikipedia and  
other Wikimedia projects really do aim to make it easier to spread  
free knowledge throughout the world -- there is a general  
acknowledgement that the particulars of the GFDL may make it hard for  
the projects to do this, and that is why FSF decided to allow the  
opportunity for dual-licensing of Wikipedia content under GFDL 1.3 and  
a particular subset of CC-BY-SA -- both requires attribution but  
acknowledge that massive collaborative projects raise special problems  
in balancing the need for attribution against the need to share free  
knowledge.  If the former is ultimately seen as more important than  
the latter -- which is apparently your view, Anthony -- then we're  
scarcely better off under a free license than we were under the all  
rights reserved regime of traditional copyright.

I think Stallman's approach of sticking to the spirit of free licenses  
is the right attitude to have.  Otherwise we stick to the letter of  
your requirement, Anthony, and lose the spirit altogether.


--Mike




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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 9:58 AM, Anthony wikim...@inbox.org wrote:
 As Thomas said, it requires Internet access, which might not be available.
 I think it's a bit more than that, though.  The credit should be part of the
 work itself, not external to the work.  When you're talking about a website,
 it's hard to define where the work begins and where it ends, clearly a work
 can span multiple URLs, and it's essentially meaningless whether or not
 those URLs have different domain names (at least assuming they are both kept
 nearly 100% reliable).  None of these three things are true with books,
 T-shirts, or movies (for a movie a URL would be especially obnoxious).

As a contributor to these 'ere projects myself, I personally would
prefer the less reliable but more informative URL for attribution
myself. That's a personal preference only, and I don't see any need to
push that on others.

 Frankly, I don't understand the point of printing a Wikipedia article on a
 T-shirt in the first place.  This is a stupid example I include only for the
 sake of completeness, because others keep bringing it up.

 Sure they satisfy the letter of the law but certainly violate it's
 spirit. A small comma-separated list tacked on to the end of a printed
 version, or scribbled on the bottom of a coffee cup may satisfy the
 letter of the attribution clause, but certainly does not satisfy it's
 spirit.


 How many authors is a coffee cup going to have?  Again, I don't understand
 why coffee cups are even a consideration.

Think about any merchandising opportunity where text from an article
is used: T-Shirts, mouse pads, coffee cups, posters, etc. We can't
have a policy vis-a-vis attribution that only covers cases where its
convenient to follow. If we're going to demand that attribution be
treated like an anchor around the necks of our reusers, we need to
make that demand uniform. Either that, or we need to recognize that
the benefit to easy reuse of our content far outweighs the need to
repeat gigantic author lists.

Our authors contributed to our projects with the expectation that
their content would be freely reusable. Requiring even 2 pages of
attributions be included after every article inclusion is a non-free
tax on content reuse, and a violation of our author's expectations.
Demanding that authors be rigorously attributed despite having no
expectations for it, while at the same time violating their
expectations of free reuse doesn't quite seem to me to be a good
course of action.

 I think reusers should determine what the best way is to give credit.
 However, if they can't meet a minimal standard, then they ought to not use
 the work at all.

Letting reusers determine what is the best way is surely a pitfall.
You're assuming that miraculously corporate interests are going to be
preoccupied with providing proper attribution. If the requirements are
too steep, people will either misapply them, abuse them, or ignore
them completely. People who want to reuse our content will find
themselves unable, and authors who could have gotten some attribution
(even if not ideal) will end up with none. Requiring more attribution
for our authors will have the effect of having less provided. Do you
think this is really going to provide a benefit to our contributors?

--Andrew Whitworth

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread David Gerard
2009/1/22 Andrew Whitworth wknight8...@gmail.com:
 On Thu, Jan 22, 2009 at 9:58 AM, Anthony wikim...@inbox.org wrote:

 As Thomas said, it requires Internet access, which might not be available.
 I think it's a bit more than that, though.  The credit should be part of the
 work itself, not external to the work.  When you're talking about a website,
 it's hard to define where the work begins and where it ends, clearly a work
 can span multiple URLs, and it's essentially meaningless whether or not
 those URLs have different domain names (at least assuming they are both kept
 nearly 100% reliable).  None of these three things are true with books,
 T-shirts, or movies (for a movie a URL would be especially obnoxious).

 As a contributor to these 'ere projects myself, I personally would
 prefer the less reliable but more informative URL for attribution
 myself. That's a personal preference only, and I don't see any need to
 push that on others.


Use my stuff, that's why I write it! I dual-licensed all my article
space text and pictures as CC-by-sa any a while ago anyway. More
people should do this IMO.


- d.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 10:30 AM, Mike Godwin mgod...@wikimedia.org wrote:


 Anthony writes:
   The credit should be part of the work itself, not external to the work.

 This is a very odd notion, and I find nothing in the language of any
 free license that supports it.


Well, first off, I wasn't referring to free licenses, I was referring to
rights.

That said, the GFDL requires authors to be listed in the section entitled
History, and it clearly states that a section Entitled XYZ means a named
subunit of the Document...
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Sam Johnston
On Thu, Jan 22, 2009 at 8:46 AM, Nikola Smolenski smole...@eunet.yu wrote:

 We can develop tools that would identify principal authors with sufficient
 accuracy; and this list of authors is likely to be short enough to be
 practically included in full.


I disagree with this assertion regarding automation and can think of many
situations both in which this does not hold true, giving false negatives
(e.g. single/initial uploads of large contributions, uploads using multiple
aliases, imports, IP numbers and not-logged-in contributions, etc.) and
false positives (e.g. minor edits not marked as such, spam/vandalism,
comprehensive rewrites, deletions, abuse/'attribution whoring', etc.).

The only 'tool' I can see being effective for identifying principal authors
is discussion, which will invariably lead to conflict, create unnecessary
risk for reusers and waste our most precious resource (volunteer time) en
masse. Oh, and I would place anyone who considers their own interests taking
precedence over those of the community (both within Wikipedia and the
greater public) into the category of 'tool' too :)

Please consider this, especially in light of recent research that shows that
 most Wikipedia contributors contribute from egoistic reasons ;)


Wikipedia is a community and those who contribute to it for egotistic rather
than altruistic reasons (even if the two are often closely related) are
deluding themselves given they were never promised anything, least of all
grandeur. What value do they really think they will get from a 2pt credit
with 5,000 other authors? If it is relevant to their field(s) of endeavour
then they can draw attention to their contribution themselves (as I do) and
if they don't like it then they ought to be off writing books or knols or
contributing to something other than a community wiki.

I might add that the argument that you ought not violate some individuals'
rights for the good of some other (larger) group of individuals is weak in
this context, and that exactly the same can be (and has been) said in
reverse:

Requiring even 2 pages of attributions be included after every article
inclusion is a non-free tax on content reuse, and a violation of our
author's expectations.

Sam
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 10:37 AM, Andrew Whitworth wknight8...@gmail.comwrote:

 On Thu, Jan 22, 2009 at 9:58 AM, Anthony wikim...@inbox.org wrote:
  As Thomas said, it requires Internet access, which might not be
 available.
  I think it's a bit more than that, though.  The credit should be part of
 the
  work itself, not external to the work.  When you're talking about a
 website,
  it's hard to define where the work begins and where it ends, clearly a
 work
  can span multiple URLs, and it's essentially meaningless whether or not
  those URLs have different domain names (at least assuming they are both
 kept
  nearly 100% reliable).  None of these three things are true with books,
  T-shirts, or movies (for a movie a URL would be especially obnoxious).

 As a contributor to these 'ere projects myself, I personally would
 prefer the less reliable but more informative URL for attribution
 myself. That's a personal preference only, and I don't see any need to
 push that on others.


I understand that viewpoint and think it is reasonable.  How about adding a
checkbox to preferences, that says allow attribution by URL?

Our authors contributed to our projects with the expectation that
 their content would be freely reusable. Requiring even 2 pages of
 attributions be included after every article inclusion is a non-free
 tax on content reuse, and a violation of our author's expectations.
 Demanding that authors be rigorously attributed despite having no
 expectations for it, while at the same time violating their
 expectations of free reuse doesn't quite seem to me to be a good
 course of action.


I think it's clear that at least some people expected to be attributed
directly in any print edition encyclopedias made from Wikipedia.  Do you
deny that, or do you just think it doesn't matter?

 I think reusers should determine what the best way is to give credit.
  However, if they can't meet a minimal standard, then they ought to not
 use
  the work at all.

 Letting reusers determine what is the best way is surely a pitfall.
 You're assuming that miraculously corporate interests are going to be
 preoccupied with providing proper attribution.


I qualified my statement with the fact that they do need to at least meet a
minimal standard.  That said, I believe that corporate interests *are* best
served by providing proper attribution.  There may be some short-term gains
to be had by violating people's rights, but in the end doing so will kill
the goose that lays the golden egg, so to speak.  (They'll also be unable to
distribute their content legally in most any jurisdiction in the world other
than the United States.)
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 10:56 AM, Sam Johnston s...@samj.net wrote:
 Please consider this, especially in light of recent research that shows that
 most Wikipedia contributors contribute from egoistic reasons ;)

 Wikipedia is a community and those who contribute to it for egotistic rather
 than altruistic reasons (even if the two are often closely related) are
 deluding themselves given they were never promised anything, least of all
 grandeur. What value do they really think they will get from a 2pt credit
 with 5,000 other authors? If it is relevant to their field(s) of endeavour
 then they can draw attention to their contribution themselves (as I do) and
 if they don't like it then they ought to be off writing books or knols or
 contributing to something other than a community wiki.

I have Author at English Wikibooks listed very prominently on my
Resume, and often reference it in cover letters I send out. This is
especially true for job listings that require good communication
skills. My work on Wikibooks, even if it showed nothing more then my
proficiency in the English language, helped me get my current job.
Part of my current responsibilities involve writing documentation, for
which I was considered to be very qualified because of my work on
Wikibooks.

So I would say that yes, our editors can derive very real benefits
from their work on Wiki. I will temper that by saying that it's up to
the authors to derive that benefit themselves. We don't send out
royalty checks so if authors want to be benefitted by their work here,
they need to make it happen and not rely on other people properly
applying attribution for them.

--Andrew Whitworth

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 10:56 AM, Sam Johnston s...@samj.net wrote:

 I might add that the argument that you ought not violate some individuals'
 rights for the good of some other (larger) group of individuals is weak in
 this context, and that exactly the same can be (and has been) said in
 reverse:

 Requiring even 2 pages of attributions be included after every article
 inclusion is a non-free tax on content reuse, and a violation of our
 author's expectations.


Even if that were true (and it isn't), that still wouldn't justify the
violation of the rights of those authors who want and expected to be
credited.  If your statement were true (and it isn't), it would mean that
the only right thing to do is to not use the work at all.

To borrow a line from the GPL, If you cannot convey a covered work so as to
satisfy simultaneously your obligations under this License and any other
pertinent obligations, then as a consequence you may not convey it at all.
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Andrew Whitworth
On Thu, Jan 22, 2009 at 11:03 AM, Anthony wikim...@inbox.org wrote:
 I understand that viewpoint and think it is reasonable.  How about adding a
 checkbox to preferences, that says allow attribution by URL?

Insofar as this satisfies my personal preference on the matter, I say
that this is fine. If we added this checkbox to the software now there
would be, of course, an argument about whether the box should be
checked by default or not. Keeping in mind that the vast majority of
user accounts are now abandoned, whatever we set for the default value
of this box would become the de facto standard for attribution anyway.

 I think it's clear that at least some people expected to be attributed
 directly in any print edition encyclopedias made from Wikipedia.  Do you
 deny that, or do you just think it doesn't matter?

I don't deny it, but I am curious to see some evidence that this
preference has indeed been made clear by some of our editors. I can't
say that I've ever seen somebody express such a preference on
Wikibooks, but then again we have a smaller community and are
relatively insulated from discussions like this. To that effect, since
people haven't clearly expressed this situation on Wikibooks, I think
we could end up in a situation where different projects could handle
their attribution requirements differently. The situation over there
is sufficiently different for a number of reasons that it's probably
not a good parallel anyway.

--Andrew Whitworth

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Thomas Dalton
2009/1/22 Sam Johnston s...@samj.net:
 What value do they really think they will get from a 2pt credit
 with 5,000 other authors?

Don't underestimate the enjoyment of looking through the page of
credits at the back of a printed book and finding your name! People
like to be acknowledged, even if it doesn't serve any greater purpose.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread David Goodman
There is an analogous project. The thousands of contributors of
quotations exemplifying use to the Oxford English Dictionary have
their names listed, though not with the items they sent.  the
principal ones are listed separately, but even those who sent in a
single quotation are in a list. I know people who have done just that,
and are quite reasonably very pleased to be included there.

On Thu, Jan 22, 2009 at 11:58 AM, Thomas Dalton thomas.dal...@gmail.com wrote:
 2009/1/22 Sam Johnston s...@samj.net:
 What value do they really think they will get from a 2pt credit
 with 5,000 other authors?

 Don't underestimate the enjoyment of looking through the page of
 credits at the back of a printed book and finding your name! People
 like to be acknowledged, even if it doesn't serve any greater purpose.

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-- 
David Goodman, Ph.D, M.L.S.
http://en.wikipedia.org/wiki/User_talk:DGG

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread geni
2009/1/22 Erik Moeller e...@wikimedia.org:
 That's evidently not true. Many people in this debate have said that
 giving all names encumbers re-use of the work when such lists get very
 long, so they are not 'fine' with listing all names, because they
 recognize that there is an additional good (ease of re-use) that needs
 to be served.

Not really. Remember that reasonable to the medium or means
statement? Any means that resulted in serious encumberment would be
unlikely to be considered reasonable. Compared the issues caused by
copyright notices it's a pretty minor problem.

 It's true that this is not the case for a large number
 of articles, but it's often the case for the most interesting ones.
 The proposed attribution language - to state names when there are
 fewer than six - is precisely written as a compromise.

Evidences?

-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 1:32 PM, Erik Moeller e...@wikimedia.org wrote:

 2009/1/21 Nikola Smolenski smole...@eunet.yu:
  I'm not sure that these positions should be balanced. For example,
 everyone
  who believes that an URL should be fine is also OK if all names are
 given,
  but not the other way around.

 That's evidently not true. Many people in this debate have said that
 giving all names encumbers re-use of the work when such lists get very
 long, so they are not 'fine' with listing all names, because they
 recognize that there is an additional good (ease of re-use) that needs
 to be served.


But they granted a license to use their work under the GFDL, didn't they?
The GFDL certainly allows listing all names, doesn't it?

If you're saying these people have a right to revoke the GFDL from their
work, well, I won't argue against you.  But I find it strange that you would
argue this.
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Michael Snow
Milos Rancic wrote:
 * If it is about printed work, it should point at least to the
 appropriate printed work. It is really not any kind of reasonable
 solution to allow pointing from less advanced medium to more advanced
 medium.
   
Independent of the relicensing debate, I don't understand this comment 
at all. Printed works very commonly include URLs to point people to 
material that is online. Some amount of adjustment has been involved as 
people sorted out the issues involved, but at this point it's quite 
routine. So I don't see why we should imagine for ourselves a rule 
against pointing to the web from print. (Or vice versa, for those people 
who think Wikipedia citations have to be to something available online.)

--Michael Snow

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread geni
2009/1/22 Thomas Dalton thomas.dal...@gmail.com:
 2009/1/22 geni geni...@gmail.com:
 2009/1/22 Erik Moeller e...@wikimedia.org:
 That's evidently not true. Many people in this debate have said that
 giving all names encumbers re-use of the work when such lists get very
 long, so they are not 'fine' with listing all names, because they
 recognize that there is an additional good (ease of re-use) that needs
 to be served.

 Not really. Remember that reasonable to the medium or means
 statement? Any means that resulted in serious encumberment would be
 unlikely to be considered reasonable. Compared the issues caused by
 copyright notices it's a pretty minor problem.

 I really don't see how adding 2 pages of names to a 35 page article is
 a serious encumberment.

Now read that article outloud and record it. Reasonable to the medium
or means in this case however lets people follow the common practice
of putting the credit on the record sleeve /CD jewel case.

-- 
geni

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Michael Snow
Milos Rancic wrote:
 On Thu, Jan 22, 2009 at 8:16 PM, Michael Snow wikipe...@verizon.net wrote:
   
 Milos Rancic wrote:
 
 * If it is about printed work, it should point at least to the
 appropriate printed work. It is really not any kind of reasonable
 solution to allow pointing from less advanced medium to more advanced
 medium.
   
 Independent of the relicensing debate, I don't understand this comment
 at all. Printed works very commonly include URLs to point people to
 material that is online. Some amount of adjustment has been involved as
 people sorted out the issues involved, but at this point it's quite
 routine. So I don't see why we should imagine for ourselves a rule
 against pointing to the web from print. (Or vice versa, for those people
 who think Wikipedia citations have to be to something available online.)
 
 This is not about giving more informations, but about giving the basic
 informations about the work related to the legal issues. My amateur
 knowledge of law says to me that I am always able to ask for printed
 legal document, even electronic one is available and preferable. While
 you should better know how the right to get authors list in
 appropriate form is connected with my right to demand printed legal
 document, I see them very connected and I think that we should act as
 they are connected. (Note, again, that this is not about referring to
 a document as a literature, but to referring to the authors of the
 document, which is far from equal.)
   
I'm afraid I simply don't understand what you're trying to say, then. It 
sounded like you were talking about having one document (web, print, 
whatever medium) point to another, something that might be done for 
attribution or a variety of other purposes. And if it's a question of 
pointing, I'm puzzled what difference it makes which medium is used or 
which direction one points across different media.

I'm also not sure what you mean by a right to demand a printed legal 
document. It sounds sort of like you're referring to this as a right you 
hold as an author (whether as part of basic copyright or a moral right). 
That's not something I'm familiar with at all. So it's likely that I've 
not understood what you mean correctly there, either.

--Michael Snow

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Thomas Dalton
 Now read that article outloud and record it. Reasonable to the medium
 or means in this case however lets people follow the common practice
 of putting the credit on the record sleeve /CD jewel case.

Reasonable doesn't have to mean common practice. How about reading
out the names at the end? It's going to be a worse ratio than pages of
print (you can't read something in a small font size, after all), but
it's still doable (especially with text-to-speech converters, so you
don't have to waste time reading all the names). Reading credits at
the end is pretty common practice for radio broadcasts, anyway, why
not do the same for CDs?.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Thomas Dalton
 Because radio broadcasts have far shorter credit lists. Yeah to an
 extent you can do it with CDs but for 45s that is right out. However
 the license itself specifies Reasonable to the medium or means so
 this does not present a problem.

Surely you couldn't fit a read out version of [[France]] onto a 45?
What matters is how much space (in what medium) the credits take in
comparison to the content. Reading the credits to [[France]] may take
quite a while compared to reading the article (maybe half as long?
Possibly less, especially if you read the names pretty quickly), but
media big enough to hold the whole article read out will probably be
big enough to still have plenty of room to spare (reading the article
might take, what, 30 mins? Can you think of a medium that can hold 30
mins of audio but not 45?). (These numbers are all guesses, I've never
done any recording like this, so I don't know how long it's likely to
end up being, but these figures should give a reasonable impression, I
think.)

 So to clarify that attribution via reference to page histories is
 acceptable if there are more than five authors is an attempt to fix a
 non problem using means of highly questionable legality under the
 terms of the license and non US law as well is deny wikipedia authors
 effective credit.

 It also prevents us from bringing in CC-BY-SA from third party sources
 which makes it further unacceptable.

Yeah, that's about it.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Nathan
I understand Milos' concern, actually, and this is the most reasonable
objection to a URL link for attribution purposes that has been raised so
far. It is true that the Internet is by its nature impermanent, evolving
both in content and in structure. It's by no means guaranteed that if we
include 
http://en.wikipedia.org/w/index.php?title=Dentistrycurid=8005action=history;
in a printed book in 2009 it will still be accessible in 2019.

On the other hand, if we printed out the names in the book... then as long
as you have the book you have the names, because they travel together. We
may change the syntax of the history link, the most common method for
locating content on the web may change (either structurally, or because of
device evolution), or the sites might for some reason come down. We should
also consider that ideally we want our content to be usefully credited in
areas of the world where Internet access is very limited, or where Wikipedia
is specifically blocked. Thinking ahead, these are the parts of the world
most likely to be using a paper Wikipedia anyway.

I do understand that there are mediums where this is impossible, and I think
perhaps the solution requires an outline that describes different (but
reasonable) standards based on medium category, broadly interpreted.

Nathan
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 3:38 PM, Mike Godwin mgod...@wikimedia.org wrote:

  That said, the GFDL requires authors to be listed in the section
  entitled
  History, and it clearly states that a section Entitled XYZ means
  a named
  subunit of the Document...

 So is current Wikipedia practice consistent with the GFDL or not?


I believe that Wikipedia practice is not consistent with the GFDL.  That's
why I notified you that the WMF's right to use my content under the GFDL has
been permanently revoked.


 Obviously, the History page reachable from a Wikipedia article could
 be interpreted as not being a section or a named subunit.


On the other hand, the history page *could* be interpreted as being part of
the Document.

Historically, the community has generally interpreted this attribution
 requirement of the GFDL as allowing for a link to a History page.  In
 this respect, there is no essential difference between GFDL and CC-BY-
 SA 3.x.


For online copies, as I've said before, I don't see much problem with this.
As I've said before, it's hard to draw the line as to what is part of the
work and what is not part of the work, when it comes to online sources.  But
I don't think the same argument can be made for offline copies.

If there is no essential difference, then your concern about getting
 credit is a wash, regardless of whether the license on Wikipedia is
 updated.


My main concern is that CC-BY-SA will be deliberately misinterpreted to not
require direct attribution - and the published draft of the RfC confirms
that this concern is valid.

This doesn't mean your concern is any less valid or invalid -- it just
 means that there's nothing inherent in the question of updating the
 license that should trigger it.


The GFDL is much more clear on this issue.  And some comments Erik has
pointed us to from the CC lawyers make it clear that CC intends for CC-BY-SA
to allow attribution by URL, so even if CC-BY-SA 3.0 isn't interpreted by
the courts to allow this, CC-BY-SA 4.0 very well might.
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Mike Godwin

Anthony writes:

 On the other hand, the history page *could* be interpreted as being  
 part of
 the Document.

Even if it's on a different server?

 For online copies, as I've said before, I don't see much problem  
 with this.
 As I've said before, it's hard to draw the line as to what is part  
 of the
 work and what is not part of the work, when it comes to online  
 sources.  But
 I don't think the same argument can be made for offline copies.

So, online but on a different server is okay, but online when there's  
an offline copy isn't? What is the legal distinction you're drawing  
here? (I ask for the legal distinction because you are articulating  
your concern in terms of what you purport to be violations of your  
legal rights.)

 My main concern is that CC-BY-SA will be deliberately misinterpreted  
 to not
 require direct attribution - and the published draft of the RfC  
 confirms
 that this concern is valid.

So you think an online attribution on a separate page (or server) when  
the article is online is direct? But an online attribution on a  
separate page (or server) when the article is offline is *not*  
direct?  What is the legal (or rights) basis for this distinction?


--Mike




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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Milos Rancic
On Thu, Jan 22, 2009 at 8:43 PM, Michael Snow wikipe...@verizon.net wrote:
 I'm afraid I simply don't understand what you're trying to say, then. It
 sounded like you were talking about having one document (web, print,
 whatever medium) point to another, something that might be done for
 attribution or a variety of other purposes. And if it's a question of
 pointing, I'm puzzled what difference it makes which medium is used or
 which direction one points across different media.

 I'm also not sure what you mean by a right to demand a printed legal
 document. It sounds sort of like you're referring to this as a right you
 hold as an author (whether as part of basic copyright or a moral right).
 That's not something I'm familiar with at all. So it's likely that I've
 not understood what you mean correctly there, either.

No, I am referring to my right as a user of the content. (Implicitly,
it is about my right as an author of the content, but, explicitly, it
is not.)

I'll try to be more formal in explaining:

1) There is a set of extended informations which I may get:

* For example, I may ask for some kind of *howto* (note, not an
official recommendations!) document about achieving my legal rights
related to, let's say, building a house.
* I also expect in a contemporary book about, let's say, astronomy, to
refer to some documentation related to, let's say, some places on the
Internet related to the grid computing.

In both cases, strictly speaking, those are extra informations. In
both cases it may be completely reasonable to have it in other form
than a paper one.

2) But, there is a set of basic informations for which I have the
right to get them in the appropriate form:

* For example, legal documents about building a house.
* List of authors of a written document which I am reading (if that
document is not in public domain).

In both cases, I expect that I get them in the most basic form. In
both cases it is a paper form, not an electronic form.

The right of a reader of a book has to be Send me the list of the
authors [in the paper form]. (and, again, I think that you should
know that better than me). If it is an explicit legal right (and I
don't see a reason why it shouldn't be), then every publisher has the
obligation to send the list of authors to every reader on demand. If
it is not an explicit right, we should make a way how to fulfill this
issue.

A couple of months ago, I mentioned that it would be really useful to
have periodicals (let's say, yearly), which would publish the list of
the authors of the content of Wikimedia projects. This is not just
about fulfilling the rights of readers or authors, but this is, also,
a very relevant bibliographic work (maybe the most relevant) of the
contemporary culture. In cooperation with relevant international
institution those bibliographical informations may be available in all
national and a lot of relevant libraries.

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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Anthony
On Thu, Jan 22, 2009 at 4:21 PM, Mike Godwin mgod...@wikimedia.org wrote:


 Anthony writes:

  On the other hand, the history page *could* be interpreted as being
  part of
  the Document.

 Even if it's on a different server?


I don't see why not.  If you're talking about a different server and a
different domain name, run by a different company, I think you could argue
the difference is de minimis, so long as the other server is pretty much
100% accessible.


  For online copies, as I've said before, I don't see much problem
  with this.
  As I've said before, it's hard to draw the line as to what is part
  of the
  work and what is not part of the work, when it comes to online
  sources.  But
  I don't think the same argument can be made for offline copies.

 So, online but on a different server is okay, but online when there's
 an offline copy isn't?


Online when there's an offline copy clearly isn't okay.  Online on a
different server, run by a different company.  I'm not going to say it's
okay, but I really don't see much difference.


 What is the legal distinction you're drawing
 here? (I ask for the legal distinction because you are articulating
 your concern in terms of what you purport to be violations of your
 legal rights.)


Actually, I'm purporting them to be violations of my moral rights.  But the
distinction is pretty obvious - in one case the page is a click away, in the
other case it at least requires finding internet access and typing in a url,
and quite possibly requires jumping through even more hoops than that.
Additionally, printed copies will almost surely last longer than the url
remains accessible.  With online copies, the url can be updated if it moves,
or the page can be copied to the local server if the remote one goes down.

 My main concern is that CC-BY-SA will be deliberately misinterpreted
  to not
  require direct attribution - and the published draft of the RfC
  confirms
  that this concern is valid.

 So you think an online attribution on a separate page (or server) when
 the article is online is direct?


I think it's close enough to direct that I'm not interested in complaining
about it.  Personally, I'd just include the attribution on the same server,
especially if someone complained.

But an online attribution on a
 separate page (or server) when the article is offline is *not*
 direct?  What is the legal (or rights) basis for this distinction?


Common sense?
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Re: [Foundation-l] RfC: License update proposal

2009-01-22 Thread Erik Moeller
2009/1/21 geni geni...@gmail.com:
 So you are claiming that it is section 4(c)(iii) that makes your
 approach valid. First problem comes with the opening to section 4(c)

 You must ... keep intact all copyright notices for the Work and
 provide, reasonable to the medium or means You are utilizing:

 That is an and command not an or. You have to meet everything from
 4(c)(i) to 4(c)(iv)

Yes, and it's quite obvious that if no author name but a URL is
supplied, then under 4(c)(i) and 4(c)(iii), a re-user would have to
attribute only that URL. After all, the license clearly limits name
attribution under 4(c)(i) with the clause if supplied. The
'reasonable' restriction in 4(c)(iii) is not particularly relevant to
our intended use. Furthermore, the license has to be understood in the
broader context of the terms of use under which people contribute; it
allows for such terms exactly to define and clarify its attribution
language.

That's why the 'human readable' version of the license explicitly says
that attribution must happen in the manner specified by the author or
licensor, and even the CC website allows you to license a work with
the only credit being a URL. This URL option is explained in the
licensing help as 'The URL users of the work should link to. For
example, the work's page on the author's site'. This is completely
consistent with linking to an article or history page on Wikipedia.

Your repeated assertion that attribution-by-URL is somehow
inconsistent with CC-BY-SA is therefore obviously untrue.
-- 
Erik Möller
Deputy Director, Wikimedia Foundation

Support Free Knowledge: http://wikimediafoundation.org/wiki/Donate

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