[od-discuss] Open Definition 2.1 final draft

Fri Aug 14 20:04:15 UTC 2015

As discussed on call yesterday, I synthesized a non-redundant version of
these suggestions

https://github.com/okfn/opendefinition/compare/4c1a9b6...b27fe06

I specifically left out "successful" before waiver. It is implicit, and
if it needs to be explicit, should qualify license application as well.

Mike

On 07/29/2015 04:34 AM, Andrew Rens wrote:
> I agree with Aaron's modifications.
> 
> 
> Rob Myers asked:
> What about ambiguous public domain status, e.g. US Government work
> outside the US?
> 
> Andrew: That is one more problem with the current language of "default
> legal condition."
> 
> On the one hand adding a Free/Open license to PD work can be
> rightswashing.
> 
> Andrew: but making a new work with a PD work and adding Free/Open
> license or even waiver is not.
> 
> On the other it can avoid the complexities of copyright law as it
> impacts the public domain across different jurisdictions.
> 
> Andrew: yes
> 
> 
> Andrew Rens
> 
> 
> 
> On 28 July 2015 at 23:42, Aaron Wolf <wolftune at riseup.net
> <mailto:wolftune at riseup.net>> wrote:
> 
> 
> 
>     On 07/28/2015 11:36 PM, Andrew Rens wrote:
>     > Thanks Mike
>     >
>     >
>     >       1.1  specifically "The *work* /must/ be provided
>     >     > under an open *license"
>     >     >
>     >     > *
>     >     > This seems to preclude knowledge which is open because it is
>     in the
>     >     > public domain.
>     >
>     >     Explicitly not intended to:
>     >
>     > I didn't think it was intended to exclude public domain but that
>     is does
>     > not seem clear to me.
>     >
>     >
>     >     above there reads "The term license refers
>     >     to the legal conditions under which the work is provided. Where no
>     >     license has been offered the term refers to default legal
>     conditions
>     >     governing use of the work (for example, copyright or public
>     domain)."
>     >
>     >     This wording may be improved, conceivably we should use some
>     other word,
>     >     and "(as defined in Section 2)" might distract from above "refers
>     >     to...".
>     >
>     >
>     > The phrase "default legal conditions" doesn't seem to cover public
>     > domain by waiver very easily.  A work released into the public domain
>     > via CC 0 is not in the public domain by default.
>     > Yes once its in the public domain then it remains there by default and
>     > no further permissions are necessary.
>     >
>     > I'd also like to understand what is meant that a work can be open
>     under
>     > a default legal condition of copyright.
>     >
>     > Most alternative words to use in place of licence seem to have a
>     similar
>     > problem; 'permission' and ''terms' both suggest that the public domain
>     > is a special kind of permission rather than the absence of a
>     requirement
>     > to get permission. Trying to find a master term for public domain and
>     > licence risks confusion for the extensive reference to
>     >
>     > One approach would be to shift the detail on this 1.1
>     >
>     > To do this would involve retaining the definition of licence in the
>     > definitions: "The term *license* refers to the legal conditions under
>     > which the work is provided" but adding a phrase to distinguish this from
>     > works in the public domain: "if the work may be subject to copyright or
>     > database rights".
>     >
>     > Then 1.1 could be entitled:
>     >
>     >
>     >       1.1 Open License /Or Status/
>     >
> 
>     I like the "or Status" bit.
> 
>     > The words "Or Status" indicate that for purposes of 1.1 there are two
>     > possible conditions that make a work open. I do not recommend using the
>     > term status as an term for both license and public domain since its not
>     > widely used or understood in this way.
>     >
>     > The body of 1.1 could then read
>     >
>     > "The *work* must be provided under an open *license* (as defined in
>     > Section 2) or in the public domain. A work may be in the public domain
>     > by default or because is has been released into the public domain by a
>     > successful waiver of all copyright and database rights. Any additional
>     > terms accompanying the work (such as a terms of use, or patents held by
>     > the licensor) must not contradict the terms of the license."
>     >
> 
>     I suggest slight modification:
> 
>     "The *work* must be provided under an open *license* (as defined in
>     Section 2) or be in the public domain with no extra limitations. A work
>     may be in the public domain by default or released into the public
>     domain by a successful waiver of all copyright and database rights. Any
>     additional terms accompanying the work (such as terms of use, or patents
>     held by a licensor) must not contradict the terms of the license or the
>     public domain status."
> 
> 
>     >
>     > Andrew
>     >
>     >
>     >
>     >
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> 
>     --
>     Aaron Wolf
>     co-founder, Snowdrift.coop
>     music teacher, wolftune.com <http://wolftune.com>
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