So, as most people here know, we've been contacted by Creative Commons to "work out" the issues over their licenses. I got email from Lawrence Lessig this week that their new general counsel, Mia Garlick, has been reviewing the debian-legal summary and will have a response for us by 8 April. We'd like to have a telephone conference between Debian representatives and Creative Commons to discuss our problems, their responses, and see where we go from there. The DPL has tapped me to be the "Debian official" for this process. The following people have agreed to participate as part of a "Debian workgroup" for the discussions: * Don Armstrong * Matthew Garrett * Branden Robinson * Benjamin "Mako" Hill * Evan "Me" Prodromou The following people have been proposed but haven't given a definitive yes or no: * MJ Ray * Andrew Suffield I'd like to hear from them before the end of the week, please. Also, I'd like to hear from Marco that this group is sufficiently balanced for his tastes. It's a bit too big for an efficient meeting, but I think all the people asked are necessary. Goals and Criteria ------------------ My goal for this workgroup is to make works licensed under Attribution or Attribution-ShareAlike licenses acceptable for inclusion in Debian. A secondary but less optimal goal would be to clarify definitively that Creative Commons does not intend work available under these licenses to be free. As far as I can see, approving these CC licenses would require: * ...written clarifications for ambiguous terms in the licenses, e.g., some statement saying that "any reference" in the revocation clause is specifically for authorship credit and not other references. * ...changes to the license itself to make these terms more clear. I'm not confident that external clarification for all of our objections would be sufficient to make works under the 2.0 licenses DFSG-free. There are some objections that are not based on unclear terms; for example, distributing DRM'd works in parallel with cleartext version does not seem acceptable under any interpretation of the current license. I definitely think license text changes would be optimal for all of the recommendations, if possible. I think we could come to a conclusion that the licenses are decisively _not_ free if: * CC says that, yes, they mean "any reference" in the revocation clause. * CC says that parallel distribution of DRM'd and cleartext works is not acceptable (possible), or that other access-controlled, encrypted or private distribution is unacceptable (less likely). * CC says that the trademark restrictions are binding on licensor and licensee. There may be other sticking points that would ensure that these licenses are not free, and will not be. Finally, I think it's possible that CC leaves some terms undefined, and that we reject or approve the licenses regardless. I'd prefer that that didn't happen, though. Steps Forward ------------- Here's what I think our steps forward should be: 1. Review the summary document and get to a final version before 8 April. I would like to make sure that we have our story straight amongst ourselves before conveying it to others. In particular, I'd like to have signoff from the members of the workgroup on the summary and the above goals. 2. Review the Creative Commons response when it's available. 3. In a telephone conference, explain the summary, give context, and make suggestions for making the licenses acceptable for Debian. 4. Based on clarifications and/or modifications that result from these discussions, re-evaluate the 2.0 licenses and/or evaluate modified 2.x or 3.x licenses when they become available. Comments or suggestions welcome. As a final note, I'd like to make the point that opportunities like this don't come along often. We have the chance now to make CC-licensed works available in Debian, or at least make it clear that such works definitely should _not_ be available in Debian. Anyone here can easily sabotage this effort. If you get this discussion off-track so we don't keep our eyes on our goals, we will fail. If there is something I can do to get your buy-in on this process and keep it going, let me know so I can do it. If there's _nothing_ I can do and you're going to stand in the way no matter what, please let me know now so we all stop wasting our time. Thanks to everyone who's participated so far. Let's hope this work has some fruitful results. ~Evan -- Evan Prodromou <evan@debian.org>
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