[od-discuss] Restriction of redistribution under OD 2.0

Aaron Wolf wolftune at riseup.net
Wed Dec 10 04:53:10 UTC 2014


So, I have a suggestion for how to avoid this misunderstanding as we
prepare OD 2.1.

I think we need to have a clause before section 2.2 that clarifies
something like this:

"When someone receives a work that is Open according to the definition
above in section 2.1, some allowable conditions may or may not affect
the ways in which they may redistribute the work to others. Most of the
allowable conditioners exist to require the work to remain Open when
redistributed."

I'm not sure about that wording, but the point is: add more clarity that
just says "Now that we know what Open means, just so you know, it's
still Open even if there are the following conditions on the way people
later redistribute the initially Open work."

Something like that. And possibly the wordings of the 2.2 section could
be improved in other ways.

Best,
Aaron


On 12/09/2014 08:42 PM, Herb Lainchbury wrote:
> This clause of the open definition permits licenses to have a certain
> type of exception and still be considered open.  For example:
> 
> My Open Data License
> ==================
> Permissions:
>  * you may use this work for any purpose
> Exceptions:
>  * you cannot apply DRM to any redistributed works
> 
> Herb
> 
> 
> 
> 
> 
> On Tue, Dec 9, 2014 at 8:25 PM, Tomoaki Watanabe
> <tomoaki.watanabe at gmail.com <mailto:tomoaki.watanabe at gmail.com>> wrote:
> 
>     Hi. I am a bit confused, and therefore curious as to
>     what others have to say on this. (And I am not a part of the authority).
> 
>     >>2.2.6 Technical Restriction Prohibition
>     >>The license may prohibit distribution of the work in a manner
>     where technical measures impose restrictions on the exercise of
>     otherwise allowed rights.
> 
>     Shouldn't this be saying, instead, as follows?
> 
>     >>2.2.6 Technical Restriction Prohibition
>     >>The license may prohibit distribution of the work in a manner
>     where technical measures impose *NO* restrictions on the exercise of
>     otherwise allowed rights.
> 
>     Tomo
>      OKJapan/ CCJP/ GLOCOM
> 
>     On Wed, Dec 10, 2014 at 1:13 PM, Peter Murray-Rust <pm286 at cam.ac.uk
>     <mailto:pm286 at cam.ac.uk>> wrote:
>     > I have just seen the following correspondence
>     >
>     http://svpow.com/2014/12/09/on-readcube-and-natures-give-away/#comment-97669
>     > which concludes
>     >
>     > Well, that is ridiculous. Then the Open Definition v2.0 is useless.
>     > Completely useless.
>     >
>     > Was v1.0 the same?
>     >
>     > and rather than reply to it myself I thought that I would get an
>     > authoritative opinion.
>     >
>     > [Background - the context is Nature's new effort in bringing out
>     DRM'ed (or
>     > TPM'ed) scientific publications. The actual materialt is not Open,
>     so that's
>     > not the point - it is that knowlegeable people can interpret OD as
>     allowing
>     > DRM.
>     >
>     >
>     > --
>     > Peter Murray-Rust
>     > Reader in Molecular Informatics
>     > Unilever Centre, Dep. Of Chemistry
>     > University of Cambridge
>     > CB2 1EW, UK
>     > +44-1223-763069 <tel:%2B44-1223-763069>
>     >
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> 
> 
> -- 
> 
> Herb Lainchbury, Dynamic Solutions
> 250.704.6154
> http://www.dynamic-solutions.com
> 
> 
> 
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