scale

Peer 2 Peer University’s Philipp Schmidt on paying for (CC) infrastructure

Mike Linksvayer, June 7th, 2010

Peer 2 Peer University co-founder and director Philipp Schmidt (see our posts on P2PU, a cutting-edge open education project) has written an excellent post on his Sharing Nicely blog about supporting our Catalyst Campaign:

Today Creative Commons launches their catalyst campaign – brother to the recently announced catalyst grant programme. I like how they connect the two – funding their work AND raising money at the same time. On one hand, they offer small grants for projects that further their vision, and with the other hand they politely ask for donations to support it. It creates a connection between the donation and the purpose of that donation, even if it’s a very loose connection.

Well put — though in this campaign, the connection is very tight, 1:1 — the funds we raise go directly to the small grants.

However, the reason for highlighting Philipp’s post here is that he raises several important points that anyone who cares deeply about Creative Commons may be interested in. The first is simply that CC is crucial infrastructure that must be supported:

CC’s work is a very important foundation of a lot of the open content / commons movement – and I don’t think it’s easy to raise the funds necessary to support it. Hal Plotkin asked this question after his keynote at the recent OCWC Global conference. How should and can something that provides an important, but not very glamorous (my words, not Hal’s, with apologies to my lawyer friends at CC) enabling service be supported financially? Funding for infrastructure is difficult to raise. It’s a little bit like raising money for TCP/IP or HTTP. Everyone will agree that it’s important and we all benefit from having it – but we all hope that someone else will pick up the tab. We rely on that friend of a friend who got rich on stock options, sold his company, or house – or simply inherited a lot of money.

Having grown up in a social democracy that offers high-quality infrastructure and services to (almost) all of its citizens, my immediate response is that infrastructure should be paid for by the state from tax income. I personally would welcome a small part of my tax payments to be used to support important infrastructure projects that enable free flow of knowledge and information. Even more so, now that I live in a country where access to knowledge is scarce and expensive. I believe such would be an excellent investment in future development and well-being of all citizens.

The problem with writing blog posts about topics like this is – you end up getting stuck in a dilemma. I have now explained that I think CC’s work is important, that I suspect many people fail to support it, and that the government should consider doing so. However, pending major adjustments in the political landscape of South Africa, that doesn’t really help anyone. So I went ahead and donated a little money to CC today.

Please join Philipp. But it’s ok to consider infrastructure glamorous, because it is. You’re with a cool crowd. That realizes the Internet breaking is extremely anti-glamor.

Ponte estaiada Octavio Frias - Sao Paulo
Gratuitous infrastructure glamor shot: Ponte estaiada Octavio Frias – Sao Paulo by Marcosleal / CC BY-SA

Philipp continues:

The benefit of donating is the perceived authority to ramble on a little bit longer, and say a few things about what CC are doing what I think could be improved. In order to do that I think its worth looking at the licences as a service (or even a product) that has to be sold to a particular audience and designing it in order to provide maximum value to that audience. What I mean by that is that there is a tendency for organizations to turn inwards – and in the case of CC that means pay more and more attention to the opinions of legal experts – rather than listen to the customers who don’t understand the legal details, and in most cases don’t give a rat’s hat. Here is what I’d like to see:

I would like to see fewer licences and fewer versions – but more certainty that the licence will hold up in court. I believe simplicity beats choice and legal finesse.

It’s absolutely worth looking at Creative Commons licenses as products that serve customers, and without doubt any organization that turns inwards, ignoring what its customers desire from its products is doomed. This isn’t what Creative Commons does.

Most users of Creative Commons licenses may not care to understand the legal details (but you can bet that many policymakers and the legal departments of institutions do), but their desire to see the licenses hold up in court requires that someone does — that’s Creative Commons’ job, and it requires paying attention to the opinions of legal experts — we must make the licenses work not just for a particular audience in a particular jurisdiction, but across many domains and globally. The strength of our legal resources — on staff, an amazing affiliate network, board, and pro-bono — is what allows most users to rationally not give a rat’s hat about the legal details involved.

So the listening to the opinions of legal experts is crucial, but so is listening to users. Philipp’s request for more simplicity, especially in the form of fewer licenses and versions therof, is not uncommon. Creative Commons is doing alright here — especially considering potential user requests for more narrowly targeted licenses are at least as common. Here are some examples of doing well:

  • In a little over four years from its launch late 2002, Creative Commons released four versions (1.0, 2.0, 2.5, 3.0) of its core licenses. In the last nearly three and a half years, no new versions have been released — and none will be for some time. A version 3.x was briefly discussed in late 2007 due to concerns brought up by Wikipedians; instead of rushing a new version, we listened very carefully and took a number of steps, none legal, to assure Wikipedians that CC would be an excellent steward of the license used by Wikipedia — with the successful result of Wikipedia and other Wikimedia sites migrating to CC BY-SA as their main content license last year.
  • In 2004 CC launched two sets of specialty copyright licenses — sampling and developing nations. None have been launched since then — and sampling and developing nations were retired in 2007.
  • The CC0 public domain waiver, launched last year raises the bar for generality of CC tools — it was designed to be universal from the beginning so that porting to different jurisdictions is not desired — and demonstrates the value of legal expertise — making a public domain dedication work globally (our first attempt launched in 2002 only targeted U.S. law) is no small task.
  • Since the launch of Creative Commons there has been little “license proliferation” for content (arguably there has been de-proliferation, as the pre-CC pioneers have recommended or facilitated using CC), surely in large part due to CC’s demonstrated competence.

It’s also worth noting that while CC has and does listen very carefully to particular audiences, maximizing value for any particular audience is not good enough. Maximizing the global value of the commons requires a focus on interoperability — furthered by both getting legal details right and non-proliferation.

Suggestions regarding how we do do even better encouraged. Philipp concludes with:

I would like to see CC separate its core business (the licences) more clearly from other programme areas and especially things that fall broadly into the fostering of “creativity (cultural, educational, scientific and other content) in the commons”. This separation should include budgets – so that donors can choose what activities their money ends up supporting. Don’t get me wrong, I think creativity should be supported, and probably in a fairly vague and flexible way, but I think part of the funding challenge for CC is that people, especially those who are making small donations, are comfortable funding the licences but might not be as comfortable with CC using their donation to foster “creativity”. That applies to me for example.

Supporting creativity in a vague and flexible way would be massive mission creep for Creative Commons. Even supporting the creation of CC-licensed works is out of scope, and the Catalyst Grants description of fundable work specifically calls this out. However, we do a significant amount of work that could be characterized as communications, education, marketing, advocacy, evangelism, business development, tool building, etc. to support license adoption. This is crucial work for Creative Commons to do for the licenses are much, much more valuable with massive adoption. There’s more useful work to do here than we can do directly — thus our priority on developing our affiliate network and other means of scaling Creative Commons’ impact without adding substantially to our core cost structure. That’s fundamentally what the Catalyst Campaign and Catalyst Grants are about — raising a little bit of money to spur capacity for growing CC adoption massively beyond what CC can do directly.

Supporting Creative Commons (and our current Catalyst Campaign in particular) is much more highly targeted than “supporting creativity” — but there isn’t a bright line between “funding the licenses” and funding work done to support and promote the licenses. I would argue there shouldn’t be. The licenses are great products that requires support and promotion to realize their potential — like any great product. Creative Commons is a small organization, and among our small staff, most have overlapping duties that support the licenses in multiple ways. We do work hard to deploy our limited resources in the most scalable way possible. We also understand that the licenses are critical infrastructure that must be kept up and defended even if funding dries up, so we do make contingency plans for such scenarios.

Hopefully this addresses some of Philipp’s excellent and reasonable concerns. Again, specific suggestions for how we can do better are strongly encouraged! Now please join Philipp and his colleagues at P2PU in supporting this work!

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Does your sharing scale?

Mike Linksvayer, September 2nd, 2009

Techdirt’s Mike Masnick is perhaps the most prolific blogger on the ill impact of overly restrictive legal regimes, including of course copyright and patents, but also trademark and even employment law (see Noncompete Agreements Are The DRM Of Human Capital) and often on people delivering real value to customers (sad that these are considered “alternative” business models) instead of replying on protectionist legal measures — as blogged here, Masnick’s case study on NIN is an absolute must read/watch — and he hosts awesome guest authors.

So it’s a little disappointing to read Masnick write:

I don’t use any of their licenses, because I don’t necessarily see the point. We’ve declared in the past that the content here is free for anyone to do what they want with it, and thus I feel no need for a Creative Commons license.

The need arises from the reality that sharing without standardized legal tools doesn’t scale. It doesn’t scale socially — if I wasn’t a regular Techdirt reader I wouldn’t know that Masnick had declared Techdirt content is free for anyone and for any purpose (and even now I could only find one such declaration because I remembered that Masnick had written about it in a post that mentioned CC!), nor depending on wording would I know what that meant. It doesn’t scale technically — there’s no way for software such as search engines to recognize ad hoc declarations. It doesn’t scale legally — any community or institution that requires legal certainty (eg due to risk that the community’s work will be suppressed or that the institution will be financially liable) will avoid ad hoc declarations.

It’s no surprise that in the more developed field of free and open source software (which has a 10+ year head start on free culture/open content) anyone who claims that making an ad hoc declaration is good enough and did not release their code under an established license would be laughed at and their code not allowed in other projects, distributions, and repositories, not to mention getting no attention from IBM, Google, Red Hat and thousands of other corporate contributors to and adopters of open source software.

Communities and institutions outside software also require works under established licenses (ie those provided by CC) to scale, e.g., Wikipedia, OpenCourseWare, the Public Library of Science and many, many others. What about individuals and small group efforts? Of course they don’t have to use real legal tools for their content any more than an individual programmer has to share code under an established open source license — that is if they don’t actually want others to “do what they want” with their content or code — because no license means no-understand, no-find, and no-go.

One of Masnick’s best turns is his stylized formula Connect With Fans (CwF) + Reason To Buy (RtB) = The Business Model ($$$$). As he explains, each part of the formula has many facets — reasonable copyright terms are just one — and as he points out, in a sense copyright is irrelevant, as CwF+RtB would work in the complete absence of copyright. However, as Techdirt points out every day, copyright is in more than full effect, producing all kinds of anti-creative and anti-innovation effects, from labels suing fans, bloggers, startups and anyone else available to heirs suppressing the use of work by long-dead authors. In this environment it seems rather necessary to offer fans the legal certainty of an established public license that grants at least the right to non-commercially share. Anything less seems to betray a lack of respect for fans or, if done unknowingly, is an instance of failed sharing.

Of course one might want to go beyond offering a relatively restrictive license and not rely on copyright at all, giving fans complete freedom with respect to one’s works. As Masnick has noted, CC has developed a legally rigorous tool to do just that, worldwide — CC0 — we hope that he is still considering it.☺

The Techdirt post quoted above is primarily a solid response to another blogger’s post on whether CC is good or bad for copyright policy — a very worthy question. Masnick’s conclusion is good:

Many of the people behind it went through (and are still going through) numerous battles to push back on the excesses of copyright. Creative Commons wasn’t the solution — it was a helpful (and hopefully temporary) oasis in a bleak desert, following numerous well-reasoned, but ultimately futile attempts to push back corporate expansion of copyright. And while I agree that there are problems with shifting the issue to a contractual agreement (and the post highlights some of the many legal problems CC licenses may cause), I think that CC, as a whole, did turn a lot more people onto the some of the problems with copyright law as it stands today. In many ways, CC is an easy way for people to first start to understand the problems of copyright law, in understanding why CC is needed.

From there, many who do understand this have started questioning the larger issues around copyright — and many of those involved with CC have continued to fight that good fight, rather than just assuming that CC is “the answer.” So, in the end, I agree that we should be clear to recognize that Creative Commons and efforts to really rethink copyright are two separate things, but that doesn’t mean that Creative Commons is necessarily bad for copyright policy issues. It has been, and hopefully will continue to be, a real stepping stone to getting more people to recognize these bigger issues. In fact, I’d argue that many of the folks now leading the debate for more reasoned copyright policy in Canada first came to understand these issues via their exposure to Creative Commons’ licenses.

While CC and other voluntary efforts (such as free software and open access) aren’t the solution (if there is such a thing), their contribution goes well beyond serving as stepping stones for thinking about how messed up the copyright environment is. They are simultaneously tools for enabling billions of dollars of collaboration across organization boundaries and unlocking untold social value now and in proving out models that don’t rely on excessive enforcement, changing the facts on the ground in a systemic way that arguably should increase the probability of good outcomes relative to those likely to result from a single-track strategy of merely complaining about the current regime as it worsens.

Copycense, the blogger that Techdirt responds to above, has unrealistic assessments of CC’s ability to “muzzle” the conversation about copyright reform and of the ability of such a conversation to obtain the “best case scenario, with a balanced and effective law that serves citizens and corporate owners equally well”. Copycense is enamored with the current Canadian copyright consultation — it’s worth noting that CC Canada has been around since 2004, that Michael Geist, the most prominent voice for positive reform, is a long time CC user and advocate — one can hardly say CC has muzzled the conversation — and furthermore it isn’t clear the consultation will lead to any good progress. Hopefully good reform will result, and many involved in CC in Canada and elsewhere are also involved in reform efforts (if you read French see the consultation of Olivier Charbonneau, one of the project leads of CC Canada) — but to denigrate voluntary efforts, at least while some rather intractable problems with the ability of concentrated interests to hijack politics remain, is a gigantic missed opportunity at best, and possibly flirting with very bad outcomes.

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