Hi Erwan,
Great idea. But imo in your arguments you are mixing things. 

On Tuesday, January 6, 2015 4:03:12 PM UTC+1, Erwan wrote:
>
> - everybody is familiar with the expression "terms of use" in the 
> software domain (especially cloud software), and it's probably fair to 
> say that most people associate it with the idea of an annoying 
> constraint (at best).


"Terms of use" for cloud software is different to "Terms of use" of 
content, published with this software. 
A service has a "Terms of Service" ore "Terms of Use". The content has 
copyright or a license. 

For may cloud services you need to grant them way to may rights 
(copyright), to use there service. ... That's why they can offer "free 
beer" services. .. The problem here is. That you get "free beer", so they 
can use You and your content as the product (for advertising). ... But 
that's a differnt topic. 
 

> I assume that the idea of giving the freedom back 
> to the user in this domain can be seen as something very original and 
> desirable. 
>

Absolutely right.

If you publish "your own content" = "intellectual property" on the web, you 
are the copyright [1] owner. Copyright jurisdiction was "invented" to give 
content creators the possibility to earn a living. Which is a good thing!

quoted from [1] 
> The usual justification of copyright is to enable creators of intellectual 
> wealth to financially support themselves and give them a motive to continue 
> publishing their creations. Without copyright, artists, authors, 
> journalists, photographers, or anyone else who creates non-material 
> economic wealth would have to find another way to support themselves. ...
>

Most copyright laws are very strict, which is a good thing too :) 

quoted form [1]
> *Copyright* is a legal right created by the law of a country, that grants 
> the creator of an original work exclusive rights 
> <http://en.wikipedia.org/wiki/Exclusive_right> to its use and 
> distribution, usually for a limited time, with the intention of enabling 
> the creator (e.g. the photographer of a photograph or the author of a book) 
> to receive compensation for their intellectual effort.
>

The important words here are "exclusive rights". ... So my content belongs 
to me and nobody else. If I publish it, you can read it but that's it! ... 

There is the term "fair use" [2], which allows a different "content 
creator" to use *parts *of someone else's intellectual property. But how 
"fair use" is handled, is different depending on local law [3]. "Fair use" 
imo is the main reason, why search engines work. ..

Conclusion:
If I want to grant more liberal rights for my content, I can assign a more 
liberal license. This license defines the "Terms of Use" for my content. 

So I can grant the user "more freedom". "free" like in "free speech" not 
"free beer"! ... That's a good thing ;)

Many users are confused, that the word "free / freedom" can have completely 
different meanings. So "free" content is a good thing, if used in the sense 
of "free speech". 


TL;DR

Defining a proper license for your content eg: a Creative Commons [4] 
license, isn't a burden. It's the only way to create a fair contract 
between you and your users. 

Depending on the license type I use, the content can be "free to use" for 
everyone eg: CC-BY. ... But this also means, that my content is now "free", 
like in "free beer". So earning a living with this content is more 
difficult now. 

On the other hand, the content has the ability to be easily spread. ... So 
if I'm famous I may get better opportunities to earn money :) 
Or I'll add some adds to my page :)) (a joke)

If you made it till here. 
have fun!
mario

[1] http://en.wikipedia.org/wiki/Copyright
[2] http://en.wikipedia.org/wiki/Fair_use
[3] https://en.wikipedia.org/wiki/Fair_use#Influence_internationally
[4] http://creativecommons.org/

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