Wednesday, February 6, 2008

Re: ISED on a Blog? Your thoughts? (UNCLASSIFIED)

Classification: UNCLASSIFIED=20
Caveats: NONE

Reading through the comments so far, this would make a great
ethnographic study. For a long time this list functioned under one set
of legal conditions. People posted and even though it was public, the
poster retained copyright (in the absence of any other agreement). This
legally required you to ask people, individually, before reposting
(although fair use would allow substantial reposting since it would be
hard to argue economic damages from re-use). This matched nicely with
academic etiquette where it is expected that you will ask before taking
someone else's work and do anything with it (largely to avoid even the
appearance of plagiarism).

Yet people seemed to have an expectation that the etiquette would not
have substantially changed despite the substantial legal change
CC-by-nc-sa brought with it. The terms of the list automatically CC
license the "work" you post allowing anyone to, remix-it, change the
wording, and re-present in any medium, in it's original or a derivative
form (as long as it is attributed, non-commercial, and their product has
the same license). If I want to make a podcast that is a verbatim
reading of the list, I can. If I want to re-publish the list to a web
site where I substitute ever forth noun with the word "smurf", I can.
If I want to print it out, bind it in a book and distribute it for free,
I can. If I want to use a thread as dialog for a feature film people
pay to see, I can't.

It is a reminder that the many things governed by social norms have
legal constructs behind them and that the two are constantly being
reconciled to each other and can not remain in tension long. I look
forward to seeing how we all reconcile this.

_J
___________________________________

Jason Johnson - Program Director
Web Services Branch - Walter Reed Army Medical Center Ingenium (ISO
9001:2000 certified)
Office: 202-782-1047
Cell: 202-262-0516
jason.johnson@ingenium.net
jason.p.johnson2@us.army.mil=20

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Classification: UNCLASSIFIED=20
Caveats: NONE

[ For info on ISED-L see http://www.gds.org/ISED-L ]
Submissions to ISED-L are released under a creative commons, attribution, non-commercial, share-alike license.