Licenses

Finding, and (Re)Using CC Licensed Resources

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Welcome to yet another post in the #CCByBrian series.

CC licenses are standardized – which means the terms and conditions are the same for all works subject to the same type of CC license. Despite creatives and authors who use the licenses wanting to make modifications to meet diverse ( or slightly different) needs and wants, CC strongly discourages from customizing open copyright licenses. Aside from the confusion this might create, it will take an immense amount of time and effort for users to learn about these bespoke customization. If you change any of the terms and conditions of a CC license, you cannot call it a Creative Commons license or otherwise use the CC trademarks. This rule also applies if you try to add restrictions on what people can do with CC licensed work through your separate agreements, such as website terms of service or privacy policies.

There is a detailed CC legal policy outlining these rules, but the best way to apply them is to ask yourself: is what you want to do going to make it easier or harder for people to use your CC licensed work? Note that all of the above applies to creators of CC licensed work. You can never change the legal terms that apply to someone else’s CC licensed work.

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Understanding Creative Commons

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This post was created, in response to CC Certification Assignment – #1

So you have seen the circled C – the embodiment of restrictions – All Rights Reserved – the tag that accompanies CopyRight. This month, I am part of the Creative Commons Certificate Class, and I invite you, through my assignment, to discover how we got here (copyright); and how we can move on from here.

The story of Creative Commons (fondly aka CC) begins with copyright. Copyright, in law, regulates the way human creativity products are used – like books, academic research articles, music, and art. The creator, or author, gets a set of exclusive rights so that they can prevent others from copying and adapting their work (for a limited time).

This may have been okay in a world without the technological advancements of the 21st century. The internet has given us the opportunity to access, share, and collaborate on all human creations at an unprecedented rate (and scale). This instant-always-on-sharing capabilities made possible by digital technology are in tension with the sharing restrictions embedded within copyright laws around the world.

Technology makes it possible for online content to be consumed by millions of people at once, and it can be copied, shared, and remixed with speed and ease. But copyright law places limits on our ability to take advantage of these possibilities. Creative Commons was founded to help us realize the full potential of the internet.

How does one work around this real, and ever present conflict?

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Uganda’s Policy and Strategy on FOSS and Open Standards

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The National IT Authority of Uganda (NITA-U) has released, for public review,  The National Free and Open Source Software, and Open Standards Draft Policy. Download PDF Here: Open Source Policy V0.3 2014-09-21

NITA-U has also released the accompanying strategy:  Open Source Strategy V0.3 2014-09-21.

It appears that both documents have received input from James Wire (@wirejames; ), a Kampala based FOSS Advocate. As of this writing, NITA-U seeks input from members of the ICT Association of Uganda, a body that brings together professionals in the sector.

The policy makes some exciting declarations:

Where there is no significant overall cost difference between open and non-open source products, open source will be selected on the basis of its additional inherent flexibility.

The Government will expect those putting forward IT solutions to develop a suitable mix of open source and proprietary products to ensure that the best possible Value mix is obtained. Vendors will be required to provide evidence of this during a procurement exercise. Where no evidence exists in a bid that full consideration has been given to open source products, the bid will be
considered non-compliant and is likely to be removed from the procurement process.

The Government will, wherever possible, avoid becoming locked in to proprietary software. In particular it will take exit, rebid and rebuild costs into account in procurement decisions and will require those proposing proprietary software to specify how exit would be achieved.

…and some even more interesting commitments:

All IT investments shall comply with Open Standard unless specific project requirements preclude use of an Open Standard or if the Open Standards are not appropriate. The Government will support the development of open standards and specifications.

The Existing IT systems shall be reviewed for Open Standards compatibility where appropriate.

There are also some places where a firmer voice could work better, in the interest of developing FOSS:

Because participation in the ongoing development and improvement of FOSS is the underlying basis for the promotion of FOSS solutions, MDAs/LGS should consider the extent to which they may wish to actively participate in the development of FOSS solutions that fall short of the project requirements for which the solution is used

And some places where the spirit of licensing derived works is broken:

No Discrimination against Fields of Endeavor: The licence must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research.

 

Are you concerned about Free and Open Source Software? Does your government have a different policy? I would like to know. Well then, take a read and let me know what you think.