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The Open Triumvirate

The Open Triumvirate



A guest lecture held at the University of Mary Washington on 6 October 2009 regarding trends in openness and licensing of software, music and other types of content.

A guest lecture held at the University of Mary Washington on 6 October 2009 regarding trends in openness and licensing of software, music and other types of content.



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    The Open Triumvirate The Open Triumvirate Presentation Transcript

    • The Open Triumvirate ✦ Open Standards ✦ Open Source ✦ Open Content Licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Thursday, October 1, 2009 1
    • Thursday, October 1, 2009 2
    • Thursday, October 1, 2009 3 Who has the right to use, copy, repurpose, remix content, software, writing or other creative works?
    • Thursday, October 1, 2009 4 What do these two have in common? “My Way” (1968, 1978). Covers in music require permission, called a mechanical license in the industry.
    • Thursday, October 1, 2009 5 The White Stripes’ album White Blood Cells had a bass line added by Steve McDonald of Redd Kross. Permission was verbally granted by Jack White when Steve ran into him _after_ creating the work. The new album was removed after more than 60K downloads.
    • "In many ways, this online-only album lives up to the dream that music fans originally had for the internet. It is an example not just of a musician delivering work directly to his fans, but also of performers bending the rules for the sake of art." -- Neil Strauss, The New York Times Thursday, October 1, 2009 6 Regarding the release of Redd Blood Cells
    • Thursday, October 1, 2009 7 Most software, music and other content created so far has been proprietary. Owned by a company and licensed to you when you “buy” it. You don’t really buy it! You license it.
    • © Copyright © All Rights Reserved Thursday, October 1, 2009 8 Copyright is the legal framework by which proprietary works are protected.
    • Thursday, October 1, 2009 9 Copyright law changed in the US in 1978 to automatically copyright everything created.
    • Thursday, October 1, 2009 10 Some software and content enters the public domain - we all own it. This can happen because someone gives it away without restriction, or after a period of time has passed after an author’s death.
    • © Public Domain: No Rights Reserved Thursday, October 1, 2009 11
    • The Spectrum of Greed - + Public domain Copyright Thursday, October 1, 2009 12
    • Thursday, October 1, 2009 13 Is there a middle ground?
    • Thursday, October 1, 2009 14 The Web - a triumph of open standards. Open standards allow proprietary software to be written so that it will interact with others.
    •  "The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. "  -- George Bernard Shaw Thursday, October 1, 2009 15 How is progress made? In trying to define a middle ground, we can start here.
    • "People said I should accept the world. Bullshit! I don't accept the world." -- Richard Stallman Thursday, October 1, 2009 16 We’ll meet Richard in a few minutes.
    • Verba volant, scripta manent Thursday, October 1, 2009 17 To define the middle ground, we need a contract.
    • Get it in writing Thursday, October 1, 2009 18 If we can write down what we want to do, we can figure out a legal way of doing it. Licenses do just that.
    • Thursday, October 1, 2009 19 "Every nonfree program has a lord, a master and if you use the program, he is your master." “Copying all or parts of a program is as natural to a programmer as breathing, and as productive. It ought to be as free.”
    • Thursday, October 1, 2009 20 Two types of freedom. Free as in beer...
    • Thursday, October 1, 2009 21 ...or free as in speech.
    • Thursday, October 1, 2009 22 The GNU General Public License: What is free must stay free. Free as in freedom (speech), probably also free as in beer.
    • Thursday, October 1, 2009 23 Stallman was followed by Tim Berners-Lee (Web), Eric Raymond (Open Source Initiative, Cathedral and the Bazaar), Linus Torvalds (Linux), Lawrence Lessig (Creative Commons) and many, many others.
    • 1976 1983 1986 1991 1994 1998 2001 Thursday, October 1, 2009 24 ITU X.25 standard (1976), GNU (1983), FSF (1985), IETF (1986), Linux (1991), W3C (1994), OSI (1998), Creative Commons (2001) Movement from Open Standards to Open Source to Open Content
    • The Spectrum of Greed Richard Stallman David Hyland-Wood Bill Gates - + Public domain Eric Raymond Larry Lessig Copyright Thursday, October 1, 2009 25 Open Source/Content ≠ public domain! It is licensed and users must comply with the licenses.
    • Thursday, October 1, 2009 26
    • Thursday, October 1, 2009 27
    • Thursday, October 1, 2009 28
    • The information economy accounts for ~10% of the GDP of most developed nations, and more than 50% of their economic growth. Source: http://ec.europa.eu/enterprise/ict/policy/doc/2006-11-20-flossimpact.pdf Thursday, October 1, 2009 29
    • Thursday, October 1, 2009 30 FLOSS *usage* survey; use more popular in the EU than the US. NB: Copyrighted material used for didactic purposes under fair use provisions.
    • Thursday, October 1, 2009 31
    • Open Source • Run • Study Open Content • Modify • Consume • Share • Study • Modify • Share Thursday, October 1, 2009 32
    • Thursday, October 1, 2009 33 Nine Inch Nails released Ghosts I-IV, consisting of 36 instrumental tracks licensed under a Creative Commons BY-NC-SA license on 2 March 2008.
    • Thursday, October 1, 2009 34 Creative Commons allows creators to mix and match four concerns into licenses.
    • © All Rights Reserved. Ask Permission. © Reproduce, adapt, distribute, but license the same. © CC Thursday, October 1, 2009 Some Rights Reserved. Some permissions granted. 35
    • Thursday, October 1, 2009 36
    • Thursday, October 1, 2009 37 ccmixter.org - a Creative Commons sponsored site to expose CC-licensed music for remixing.
    • Thursday, October 1, 2009 38 Movies: 74K, Audio: 303K, books: 37K and 266K “other”.
    • Also iTunes U, MIT Open Courseware, etc. Thursday, October 1, 2009 39
    • What should you do? • Only use, reuse, remix work that you have rights to. • License your work! • Avoid situations like CourseHero - or at least give yourself the legal rights to fix any problems. Thursday, October 1, 2009 40
    • Thursday, October 1, 2009 41 How can you participate? License your tweets! (music, plays, novels, software, movies...)
    • Credits - CC Licensed Triumvirate http://www.flickr.com/photos/reidab/393803339/ http://www.flickr.com/photos/poper/179970823/ and http://www.flickr.com/photos/iguanajo/ Web 277209483/ Roman bust http://www.flickr.com/photos/angerboy/532691310/ Policeman http://www.flickr.com/photos/kk/12722162/ Beer http://www.flickr.com/photos/marui/460581081/ Bill of Rights http://www.flickr.com/photos/anselor/67025021/in/set-1457202/ Copyright extensions http://en.wikipedia.org/wiki/File:Copyright_term.svg http://en.wikiquote.org/wiki/File:Richard_Stallman_speaking_at_Wikimania_2005-08-07.jpg Richard Stallman and http://www.flickr.com/photos/nicolasrolland/3063010427/sizes/s/ GNU Logo http://johnbokma.com/gnulogo.html Mapa Open Source 2009 (Red Hat) http://www.flickr.com/photos/arrayexception/3500434664/sizes/o/ Eric Raymond http://www.flickr.com/photos/docsearls/224766598/ Tim Berners-Lee http://en.wikipedia.org/wiki/File:Tim_Berners-Lee.jpg Linus Torvalds http://en.wikipedia.org/wiki/File:Linus_Torvalds.jpeg Thursday, October 1, 2009 42
    • Credits - CC Licensed Lawrence Lessig http://www.lessig.org/info/photos/ Open Source Initiative logo http://www.flickr.com/photos/27316226@N02/3000888100/sizes/o/ Street crowd http://www.flickr.com/photos/rayan_jeroen/207239822/ Wii Play packaging http://www.flickr.com/photos/20179579@N00/461808859/ Reach http://www.flickr.com/photos/kharied/486001659/ Creative Commons options http://www.lessig.org/blog/archives/freedoms_license.jpg Creative Commons logo http://www.flickr.com/photos/10243775@N05/3482370143/ FLOSS used in MS Windows http://www.flickr.com/photos/martinbekkelund/2397647179/sizes/l/ GPL street sign http://www.flickr.com/photos/svensson/45394401/ License your tweets? http://za.creativecommons.org/blog/archives/2009/09/13/cc-license-your-tweets/ GNU and FLOSS differences http://www.gnu.org/philosophy/open-source-misses-the-point.html Open Content examples http://www.archive.org/details/opensource_movies Open Course logo http://www.flickr.com/photos/marcwathieu/2412755417/ Thursday, October 1, 2009 43
    • Credits - Fair Use of Copyright White Blood Cells album cover by The White Stripes http://en.wikipedia.org/wiki/File:The_White_Stripes_-_White_Blood_Cells.jpg Redd Blood Cells album cover by Stephen Banes http://www.reddkross.com/features/RBC/ Nine Inch Nails Web page for Ghosts I-IV http://ghosts.nin.com/main/home ITU logo http://www.itu.int/PublishingImages/logos/ITU-official-logo_75.gif Credits - By Permission Linux logo by Larry Ewing <lewing@isc.tamu.edu> Thursday, October 1, 2009 44
    • The Open Triumvirate David Hyland-Wood University of Mary Washington 6 October 2009 Licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Thursday, October 1, 2009 45