[ox-en] Free Software licenses as connectors between the new and the old
- From: Stefan Merten <smerten oekonux.de>
- Date: Wed, 27 Sep 2006 08:38:50 +0200
Hi list!
Some time ago I thought about the license topic. I created
http://en.wiki.oekonux.org/StefanMerten/LicensesAsSeenFromAnOekonuxPerspective
I think this page contains some important ideas on the license topic
from an Oekonux perspective. In a way it sorts out the meaning of
licenses when thinking with an Oekonux background. Therefore I'm very
much interested in feedback, comments, improvements of these thoughts.
Below is a sketch of an presentation about these topics containing all
the thoughts as bullet points. If this is too unclear I'm ready to
give more explanation on request. Any comments are highly appreciated.
Mit Freien Grüßen
Stefan
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FLOSS licenses bridging past and future
=======================================
Free Software licenses as connectors between the new and the old
================================================================
==============================
Selbstentfaltung and germ form
==============================
Selbstentfaltung in Free Projects
=================================
* Free Projects are driven by Selbstentfaltung
* Selbstentfaltung means:
* The freedom to do things you want to do related to the society as
a whole
* Motivation inherent to the activity itself
* No incentives alienated from the concrete activity
* Like earning money
* Doubly Free Software
* Implied: Use value of the shared resulted is an important goal
* Selbstentfaltung is hardly compatible with a society based on
exchange
Free Software as a germ form
============================
* A germ form is something new existing in the old
* A germ form has its own, new logic which is not really compatible
with the old, still dominant logic
* Because a germ form exists in the old there need to be bridges
between the old logic and the new logic
* For Free Software licenses form a major part of this bridge
Free Projects are inherently unlimited
======================================
* Free Projects give unlimited
* Everyone can use the results
* For third parties granted by licenses
* Free Projects take unlimited
* Everyone can contribute
* Copyleft enforces return of some contributions for third parties
* Making exchange superfluous by effectively leading to abundance
* Basis (so far): Digital copy
* They are effectively public projects producing public goods
==========================
Licenses and their effects
==========================
Free Software licenses as legal hacks
=====================================
* Licenses are legal constructs
* As such they belong to the old world
* Free Software licenses are a genius legal hack
* They use the power structure behind copyright
* But they reverse the sense of copyright
* Copyright restricts use and distribution of information products
* Copyleft obliges complete distribution of information products
* This genius hack enables licenses to be bridges between two
contradicting logics
Effects of licenses outside the project
=======================================
* Licenses govern the use of the results of the Free Project by third
parties
* In particular: Give freedom to third parties
* Copyleft restricts freedom of third parties in favor of the project
goals
* Copyleft as protection from re-privatization
Effects of licenses inside the project
======================================
* A fork turns the forking part of the project into an external entity
* Then licenses are useful so the (so far common) results can be
used (just as by any other third party)
* Licenses are no inherent need of a Free Project
* The germ form could do without licenses
* Make no sense inside the project
* Cooperation in a Free Project is not based on contracts backed by
abstract law
* Instead cooperation is based on the will to create something
useful together
* The way Free Projects share their results is the only way making
sense
* Licenses can not improve this
* Licenses merely build a bridge to the old system
* May prevent useful changes in the project
Effects of licenses in the community
====================================
* All (Doubly) Free Projects are interested in creating a useful
product
* May be even Single Free Projects are more interested in creating
useful products than proprietary endeavors
* All (Doubly) Free Projects are interested in creating a useful
infrastructure
* For their own use (compilers, editors, ...)
* For general use (applications of all sorts)
* In other words: In general the project goals and the community goals
are equal
* Therefore: Cooperation instead of competition
* Just as licenses make no sense inside a project they make no sense
inside the community
* Under alienated conditions this common goal fades
Licenses use an abstract external point of view
===============================================
* However, Free Projects are about concrete solutions
* *Rough consensus and running code*
* *Rough consensus* relates to concrete members of the project
* *Running code* *is* the concrete solution
* Mobilize national law
* National law is for enforcing special interests
* However, Free Projects are in the public interest
* SPI (Software in the public interest)
* Free Projects produce public goods
* Result of their unlimitedness when giving
==================
Practical examples
==================
Changing licenses
=================
* Because licenses have no inherent value to the project a particular
one may be recognized as being the wrong choice
* Sometimes even after there is a large body of material under a
certain license
* So changing licenses can make sense
* An active project can change its mind about things
* Thus the first license choice may be considered wrong
* This is a particular problem when the first license is "sticky"
(for example: Copyleft)
Oekonux Wiki
============
* After thoroughly thinking about the issue: CC-BY `furthers project
goals`__ more than (never thought about) GFDL
__ wiki:Self:OekonuxWiki/Help/LicenseFAQ
* Abstract external point of view of the old license has been used as
a weapon against the project
Wikipedia
=========
* GFDL is seen as problematic
* http://en.wikipedia.org/wiki/GNU_Free_Documentation_License
* Different license could make more sense
* However, changing the license would mobilize the external, abstract
point of view
* Effectively the existing license prevents the project from using a
certain development option
* License for Wikitravel has been decided differently
* http://wikitravel.org/en/Wikitravel:Why_Wikitravel_isn't_GFDL
==========
Conclusion
==========
* Licenses build a bridge between the old system and the germ form
* Licenses give freedom to third parties
* Licenses are necessary against special interests alienated from the
project (Copyleft)
* Licenses can be used as a weapon against the project using their
abstract point of view (changing licenses)
* Conclusion: Use Free licenses - but be careful
_________________________________
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Organization: http://www.oekonux.de/projekt/
Contact: projekt oekonux.de