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	<title>Comments on: The Creative Commons as a default rule</title>
	<atom:link href="http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/feed/" rel="self" type="application/rss+xml" />
	<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: Crooked Timber &#187; &#187; &#8216;Tis the season&#8230;</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-126786</link>
		<dc:creator>Crooked Timber &#187; &#187; &#8216;Tis the season&#8230;</dc:creator>
		<pubDate>Sun, 04 Dec 2005 18:57:54 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-126786</guid>
		<description>[...] .. when you&#8217;ll be getting more solicitations than usual from organizations asking for your donations. Obviously, there are lots of worthy causes. I thought I&#8217;d put in a plug for Creative Commons. They are having a Fall fundraising drive. Given that we discuss and use CC here on CT and given that many of us benefit from the work that they do, I thought it was appropriate to mention the campaign here. If you missed John&#8217;s post about Creative Commons as a default rule this would be a good time to catch up on that reading. [...]</description>
		<content:encoded><![CDATA[	<p>[...] .. when you&#8217;ll be getting more solicitations than usual from organizations asking for your donations. Obviously, there are lots of worthy causes. I thought I&#8217;d put in a plug for Creative Commons. They are having a Fall fundraising drive. Given that we discuss and use CC here on CT and given that many of us benefit from the work that they do, I thought it was appropriate to mention the campaign here. If you missed John&#8217;s post about Creative Commons as a default rule this would be a good time to catch up on that reading. [...]</p>
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		<title>By: a dude somewhere&#8230; &#187; Blog Archive &#187; The lagoon is my dirge.</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-83228</link>
		<dc:creator>a dude somewhere&#8230; &#187; Blog Archive &#187; The lagoon is my dirge.</dc:creator>
		<pubDate>Fri, 22 Jul 2005 16:46:43 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-83228</guid>
		<description>[...] Metallica and Philosophy call for papers AND The Creative Commons as a default rule. [...]</description>
		<content:encoded><![CDATA[	<p>[...] Metallica and Philosophy call for papers <span class="caps">AND </span>The Creative Commons as a default rule. [...]</p>
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		<title>By: wetzel</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82996</link>
		<dc:creator>wetzel</dc:creator>
		<pubDate>Thu, 21 Jul 2005 16:24:05 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82996</guid>
		<description>&lt;i&gt;if you’re trying to get into an IP-related business, but haven’t read Lessig and/or understood Creative Commons, then (frankly) you’re woefully under-aware of some of the major trends across every IP-related industry.&lt;/i&gt;

luis, thank you for replying to my post, although I think you might be inflating the relevance of creative commons and Lessig&#039;s work to what it means to be prepared for IP business.  Progress in business occurs through activities that get you closer to shipping to paying customers.  Open source and creative commons are definitely beneficial to business in many ways.  PHP, for example, is one of the greatest things ever created.  Nevertheless, these matters are not central to business planning for most companies.  

Although the Science Commons project is interesting, it does appear to be concerned more with the standards of intellectual property within the academic research community than with providing means to share educational content, and I am not aware of a major educational publishing company that takes this type of approach with its content, although if it were to become standard, that would have many benefits for human development.  It would sure make Wikipedia a lot better.

In my company, we would like teachers and students to feel free to produce derivative works.  We don&#039;t have a problem with people downloading, sharing, producing, etc, as they are not trying to make a profit off our  labor.  We made our works because we want the world to change.  Basically, the more people who learn science the better.

As I said, Creative Commons gives us a way to do what we were going to do anyway.  It gives us an easy way to handle the legalese and an easy way to represent the decision as a marketing feature, so I am happy to learn about it.

Though I don&#039;t feel like I was lost and now am found.</description>
		<content:encoded><![CDATA[	<p><i>if you&#8217;re trying to get into an IP-related business, but haven&#8217;t read Lessig and/or understood Creative Commons, then (frankly) you&#8217;re woefully under-aware of some of the major trends across every IP-related industry.</i></p>

	<p>luis, thank you for replying to my post, although I think you might be inflating the relevance of creative commons and Lessig&#8217;s work to what it means to be prepared for IP business.  Progress in business occurs through activities that get you closer to shipping to paying customers.  Open source and creative commons are definitely beneficial to business in many ways.  <span class="caps">PHP</span>, for example, is one of the greatest things ever created.  Nevertheless, these matters are not central to business planning for most companies.</p>

	<p>Although the Science Commons project is interesting, it does appear to be concerned more with the standards of intellectual property within the academic research community than with providing means to share educational content, and I am not aware of a major educational publishing company that takes this type of approach with its content, although if it were to become standard, that would have many benefits for human development.  It would sure make Wikipedia a lot better.</p>

	<p>In my company, we would like teachers and students to feel free to produce derivative works.  We don&#8217;t have a problem with people downloading, sharing, producing, etc, as they are not trying to make a profit off our  labor.  We made our works because we want the world to change.  Basically, the more people who learn science the better.</p>

	<p>As I said, Creative Commons gives us a way to do what we were going to do anyway.  It gives us an easy way to handle the legalese and an easy way to represent the decision as a marketing feature, so I am happy to learn about it.</p>

	<p>Though I don&#8217;t feel like I was lost and now am found.</p>
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		<title>By: bi</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82876</link>
		<dc:creator>bi</dc:creator>
		<pubDate>Thu, 21 Jul 2005 11:07:35 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82876</guid>
		<description>Creative Commons licenses are form licenses all right. The nice thing about form licenses, I suppose, is that one just needs to closely study a single license to be able to determine one&#039;s rights for a large number of works.

And I still sustain my point that the talk about &quot;threatening fair use&quot; is complete hooey. Why worry about Lawrence Lessig when we already have the SCO vs. Linux circus?</description>
		<content:encoded><![CDATA[	<p>Creative Commons licenses are form licenses all right. The nice thing about form licenses, I suppose, is that one just needs to closely study a single license to be able to determine one&#8217;s rights for a large number of works.</p>

	<p>And I still sustain my point that the talk about &#8220;threatening fair use&#8221; is complete hooey. Why worry about Lawrence Lessig when we already have the <span class="caps">SCO</span> vs. Linux circus?</p>
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		<title>By: Jack Lecou</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82773</link>
		<dc:creator>Jack Lecou</dc:creator>
		<pubDate>Wed, 20 Jul 2005 23:37:18 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82773</guid>
		<description>Incidentally: I&#039;m given to understand that public domain attributions are actually somewhat tricky to get completely right, especially factoring in differences from jurisdiction to jurisdiction. Creative Commons: Public Domain isn&#039;t nearly as gratuitous as it might appear.</description>
		<content:encoded><![CDATA[	<p>Incidentally: I&#8217;m given to understand that public domain attributions are actually somewhat tricky to get completely right, especially factoring in differences from jurisdiction to jurisdiction. Creative Commons: Public Domain isn&#8217;t nearly as gratuitous as it might appear.</p>
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		<title>By: Jack Lecou</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82772</link>
		<dc:creator>Jack Lecou</dc:creator>
		<pubDate>Wed, 20 Jul 2005 23:29:20 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82772</guid>
		<description>Pat: &lt;i&gt;Dvorak is correct in his point that creative commons does nothing that ordinary copyright does not already do.&lt;/i&gt;

Sure, he&#039;s technically correct, but that statement is a lot like saying that steering wheels do nothing that &quot;ordinary automobile controls&quot; do not already do. 

It would be one thing if he were merely clarifying how CC licenses fit into the copyright system for readers who aren&#039;t familiar with the details of how it works, but in context it just betrays an incredible level of ignorance (feigned or otherwise) on his part. 

You and I can see that the benefit of CC licenses is more or less about standardisation, why can&#039;t he?</description>
		<content:encoded><![CDATA[	<p>Pat: <i>Dvorak is correct in his point that creative commons does nothing that ordinary copyright does not already do.</i></p>

	<p>Sure, he&#8217;s technically correct, but that statement is a lot like saying that steering wheels do nothing that &#8220;ordinary automobile controls&#8221; do not already do.</p>

	<p>It would be one thing if he were merely clarifying how CC licenses fit into the copyright system for readers who aren&#8217;t familiar with the details of how it works, but in context it just betrays an incredible level of ignorance (feigned or otherwise) on his part.</p>

	<p>You and I can see that the benefit of CC licenses is more or less about standardisation, why can&#8217;t he?</p>
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		<title>By: almostinfamous</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82767</link>
		<dc:creator>almostinfamous</dc:creator>
		<pubDate>Wed, 20 Jul 2005 22:51:30 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82767</guid>
		<description>umm pat, if you read the 2 pages worth of his pointless rant you can see that at the very beginning he thinks one has to sign up with creative commons in order to use it.. which i dont know how he got the idea and kinda wrecks the whole thing from there onward.

the problem is not that he isn&#039;t seeing the point, he maliciously does not want to see the point of CC or anything that eases large-scale content production</description>
		<content:encoded><![CDATA[	<p>umm pat, if you read the 2 pages worth of his pointless rant you can see that at the very beginning he thinks one has to sign up with creative commons in order to use it.. which i dont know how he got the idea and kinda wrecks the whole thing from there onward.</p>

	<p>the problem is not that he isn&#8217;t seeing the point, he maliciously does not want to see the point of CC or anything that eases large-scale content production</p>
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		<title>By: John Quiggin</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82763</link>
		<dc:creator>John Quiggin</dc:creator>
		<pubDate>Wed, 20 Jul 2005 22:20:26 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82763</guid>
		<description>Dvorak used to write a &quot;contrarian&quot; column for MacUser years ago, but I hadn&#039;t seen anything of him since, unlike a lot of posters here.

Still, I am trying to cultivate a non-aggressive attitude to blogging, so if I&#039;ve been too charitable to Dvorak, I&#039;m not going to apologise.</description>
		<content:encoded><![CDATA[	<p>Dvorak used to write a &#8220;contrarian&#8221; column for MacUser years ago, but I hadn&#8217;t seen anything of him since, unlike a lot of posters here.</p>

	<p>Still, I am trying to cultivate a non-aggressive attitude to blogging, so if I&#8217;ve been too charitable to Dvorak, I&#8217;m not going to apologise.</p>
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		<title>By: Pat</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82643</link>
		<dc:creator>Pat</dc:creator>
		<pubDate>Wed, 20 Jul 2005 20:16:59 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82643</guid>
		<description>Dvorak is correct in his point that creative commons does nothing that ordinary copyright does not already do.

This is because the creative commons documents are entirely contained within the present copyright system.

I&#039;m perhaps not being clear...

When you write something, you have copyright.  That copyright gives you ALL rights of distribution, etc, except for those considered fair use.  You may, however, choose to surrender these rights.

Creative commons is just a formalized designation of which rights (out of the whole which you own) you are surrendering.

You could already surrender that set of rights voluntarily, without the creative commons tag.  The creative commons tag just signifies which rights you are surrendering, and provides a link to the written document explaining this.

The alleged benefit is the same as you get with any form contract.  If lots of people use the same form, people can become familiar with it, and the need to write a new form every time you make a new contract is avoided.  That&#039;s all creative commons does.

That, and provide a signifier for people who like to &quot;fight the man.&quot;  But that&#039;s more a sociological point.</description>
		<content:encoded><![CDATA[	<p>Dvorak is correct in his point that creative commons does nothing that ordinary copyright does not already do.</p>

	<p>This is because the creative commons documents are entirely contained within the present copyright system.</p>

	<p>I&#8217;m perhaps not being clear&#8230;</p>

	<p>When you write something, you have copyright.  That copyright gives you <span class="caps">ALL</span> rights of distribution, etc, except for those considered fair use.  You may, however, choose to surrender these rights.</p>

	<p>Creative commons is just a formalized designation of which rights (out of the whole which you own) you are surrendering.</p>

	<p>You could already surrender that set of rights voluntarily, without the creative commons tag.  The creative commons tag just signifies which rights you are surrendering, and provides a link to the written document explaining this.</p>

	<p>The alleged benefit is the same as you get with any form contract.  If lots of people use the same form, people can become familiar with it, and the need to write a new form every time you make a new contract is avoided.  That&#8217;s all creative commons does.</p>

	<p>That, and provide a signifier for people who like to &#8220;fight the man.&#8221;  But that&#8217;s more a sociological point.</p>
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		<title>By: Alex</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82640</link>
		<dc:creator>Alex</dc:creator>
		<pubDate>Wed, 20 Jul 2005 19:42:32 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82640</guid>
		<description>&lt;i&gt;The general idea of a default value is familiar to anyone who’s done any computer programming and I imagine that if things were put to Dvorak in this way he’d see the point.&lt;/i&gt;
I&#039;ve contributed to several long-running message board threads about how much John Dvorak is an idiot.  His grasp on any technology beyond the user&#039;s perspective is very, very slim.</description>
		<content:encoded><![CDATA[	<p><i>The general idea of a default value is familiar to anyone who&#8217;s done any computer programming and I imagine that if things were put to Dvorak in this way he&#8217;d see the point.</i><br />
I&#8217;ve contributed to several long-running message board threads about how much John Dvorak is an idiot.  His grasp on any technology beyond the user&#8217;s perspective is very, very slim.</p>
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		<title>By: Luis Villa</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82637</link>
		<dc:creator>Luis Villa</dc:creator>
		<pubDate>Wed, 20 Jul 2005 18:42:37 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82637</guid>
		<description>Tim: that&#039;s mostly how it works in the US as well, though I think that will change in the not-too-far future; there are high-school students coming up who are aware of the IP law issues behind CC and GPL and will push to actually own (and share on their own terms) their own information.

wetzel: you need to look into the Science Commons project ASAP. Also, stop everything else you are doing and purchase and read everything Lessig has ever written. I&#039;m only slightly joking- if you&#039;re trying to get into an IP-related business, but haven&#039;t read Lessig and/or understood Creative Commons, then (frankly) you&#039;re woefully under-aware of some of the major trends across every IP-related industry.</description>
		<content:encoded><![CDATA[	<p>Tim: that&#8217;s mostly how it works in the US as well, though I think that will change in the not-too-far future; there are high-school students coming up who are aware of the IP law issues behind CC and <span class="caps">GPL</span> and will push to actually own (and share on their own terms) their own information.</p>

	<p>wetzel: you need to look into the Science Commons project <span class="caps">ASAP</span>. Also, stop everything else you are doing and purchase and read everything Lessig has ever written. I&#8217;m only slightly joking- if you&#8217;re trying to get into an IP-related business, but haven&#8217;t read Lessig and/or understood Creative Commons, then (frankly) you&#8217;re woefully under-aware of some of the major trends across every IP-related industry.</p>
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		<title>By: Tim Rutherford-Johnson</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82623</link>
		<dc:creator>Tim Rutherford-Johnson</dc:creator>
		<pubDate>Wed, 20 Jul 2005 16:12:26 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82623</guid>
		<description>Chris - if work is used without attribution, that&#039;s plain wrong, CC or no, so I&#039;m not sure how it would help. But, in my (limited) experience of such matters, in the UK at least copyright in student work submitted as part of university assessment resides with the institution, not the student, so CC licensing wouldn&#039;t even be an option for them.

The funny thing about Dvorak is that if he bothered to actually read Lessig or the CC site properly, he&#039;d realise he and Lessig are actually on the same side here regarding protecting both fair use and author&#039;s rights.</description>
		<content:encoded><![CDATA[	<p>Chris &#8211; if work is used without attribution, that&#8217;s plain wrong, CC or no, so I&#8217;m not sure how it would help. But, in my (limited) experience of such matters, in the UK at least copyright in student work submitted as part of university assessment resides with the institution, not the student, so CC licensing wouldn&#8217;t even be an option for them.</p>

	<p>The funny thing about Dvorak is that if he bothered to actually read Lessig or the CC site properly, he&#8217;d realise he and Lessig are actually on the same side here regarding protecting both fair use and author&#8217;s rights.</p>
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		<title>By: wetzel</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82622</link>
		<dc:creator>wetzel</dc:creator>
		<pubDate>Wed, 20 Jul 2005 16:07:44 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82622</guid>
		<description>&lt;i&gt;Would it be reasonable for students to release their papers under attribution-noncommecial-sharealike licenses in the academy? Is there something about the mentor-mentee relationship that this would complicate?&lt;/i&gt;

I think this would go against the 1000 year tradition in common law that students have no rights whatsoever.

By the way, John, I am very grateful that you made this post.  I did not know about creativecommons.org.

I&#039;ve been working for years on a project for high school and undergraduate science education, which will be launching as a business soon, and creative commons gives me a clear, understandable way to communicate my intellectual property position.  It will save me a lot of lawyering.</description>
		<content:encoded><![CDATA[	<p><i>Would it be reasonable for students to release their papers under attribution-noncommecial-sharealike licenses in the academy? Is there something about the mentor-mentee relationship that this would complicate?</i></p>

	<p>I think this would go against the 1000 year tradition in common law that students have no rights whatsoever.</p>

	<p>By the way, John, I am very grateful that you made this post.  I did not know about creativecommons.org.</p>

	<p>I&#8217;ve been working for years on a project for high school and undergraduate science education, which will be launching as a business soon, and creative commons gives me a clear, understandable way to communicate my intellectual property position.  It will save me a lot of lawyering.</p>
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		<title>By: Chris</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82610</link>
		<dc:creator>Chris</dc:creator>
		<pubDate>Wed, 20 Jul 2005 14:29:19 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82610</guid>
		<description>Since you guys are attuned into the academic world, what are your thoughts on students using Creative Commons licenses as a tool for protecting their IP in light of recent scandals about professors using students&#039; work without attribution? (http://chronicle.com/free/v51/i17/17a01401.htm)

Would it be reasonable for students to release their papers under attribution-noncommecial-sharealike licenses in the academy? Is there something about the mentor-mentee relationship that this would complicate?

Thoughts?</description>
		<content:encoded><![CDATA[	<p>Since you guys are attuned into the academic world, what are your thoughts on students using Creative Commons licenses as a tool for protecting their IP in light of recent scandals about professors using students&#8217; work without attribution? (<a href="http://chronicle.com/free/v51/i17/17a01401.htm" rel="nofollow">http://chronicle.com/free/v51/i17/17a01401.htm</a>)</p>

	<p>Would it be reasonable for students to release their papers under attribution-noncommecial-sharealike licenses in the academy? Is there something about the mentor-mentee relationship that this would complicate?</p>

	<p>Thoughts?</p>
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		<title>By: nick</title>
		<link>http://crookedtimber.org/2005/07/20/the-creative-commons-as-a-default-rule/comment-page-1/#comment-82608</link>
		<dc:creator>nick</dc:creator>
		<pubDate>Wed, 20 Jul 2005 14:15:20 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/?p=3574#comment-82608</guid>
		<description>Dvorak is, indeed, no more than a troll with a regular source of income. He probably doesn&#039;t believe any of the stuff he writes, but the people in the advertising department must love him.</description>
		<content:encoded><![CDATA[	<p>Dvorak is, indeed, no more than a troll with a regular source of income. He probably doesn&#8217;t believe any of the stuff he writes, but the people in the advertising department must love him.</p>
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