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| Comments by Dmytri Kleiner:
| | Follow this link to read the [http://iang.info/en/mhonarc/maillist.html mail archive of the discussion] about the IANG license translation draft. |
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| Regarding naming, while IANG (IANG Aint No GNU) is funny, I think the
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| recursive acronym joke and reference to GNU is too much an insider thing.
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| I am hoping that we can have a license that appeals to wide range of
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| artists, software developers, etc.
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| I suggest something like "Peer Production License", the initials PPL can
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| also can be an acronym pronounced "people".
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| If possible, I propose we work together to create such a peer production
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| license.
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| Dmytri Kleiner wrote:
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| > "Creative Contribution" means any modification of the Creation in the
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| > sense of intellectual property rights, including but not limited to
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| > adaptation, correction, translation, sampling, incorporation of, or in
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| > another work.
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| What about other forms of labour contribution in the manufacturing and
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| distribution process?
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| > "Creative Contributor" means an individual or legal entity bringing
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| > Creative Contributions to a Creative Project.
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| Would prefer something like "Labour Contribution" meaning any individual
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| or legal identity contributing labour to the development, manufacturing
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| or distribution of the creation.
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| In the productive cycle all workers should own the common-stock, the
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| printing press operators as much as the song writers.
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| > "Economic Contribution" means any form of monetary contribution,
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| > including but not limited to donation, purchase, subscription,
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| > assessment, investment, capital.
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| IMO, there can not really be an "economic contribution," "investment"
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| and "capital," in the sense of selling equity to private owners is
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| incompatible with commons-based production. "Purchase," "Subscription,"
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| etc, are not contributions, but rather simple exchanges.
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| "donation" is perhaps an exception to this, as it is a non-alienating
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| contribution.
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| "capital" in the sense of interest-bearing loan, is likewise not a
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| contribution as the money must be returned, including interest.
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| An interest-free loan of money may be considered a contribution to the
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| amount of the interest.
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| I am not sure what is meant by "assessment."
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| > 3.2. CREATIVE PARTICIPATION
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| >
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| > Creative Contributors can participate, according to the conditions
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| > specified in article 6, in all technical or artistic decisions
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| > concerning the Creative Project, including but not limited to
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| > development orientations and priorities, integration and combination of
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| > the different works into the Creation.
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| I am a little confused as to how all "Creative Contributors" can
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| participate in all "all technical or artistic decisions."
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| In the context of commons-based peer production, each peer producer
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| should be free to make whatever technical or artistic decisions they
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| want when employing the common-stock in their own production, so long as
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| the conform to the terms of the license.
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| > 4. DISTRIBUTION
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| > Distribution of the Creation, or its reproduction or modification, by
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| > the User to any person is unrestricted provided that it is governed by
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| > this license without any modification or additional clause, and that it
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| > is accompanied by all informations specified in articles 2 and 3. These
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| > informations must also be transmitted to any person asking for them, for
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| > a cost not exceeding those of data transmission.
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| Not sure about "These informations must also be transmitted to any
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| person asking for them, for a cost not exceeding those of data
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| transmission."
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| I reluctant to place any responsive future obligations on peer producers
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| not engaging in commercial distribution, whatever is required to be
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| transmitted, should have been in the distribution itself.
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| > 5.2. ECONOMIC PARTICIPATION
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| >
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| > Economic Contributors can participate, according to the conditions
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| > specified in article 6, in all economical decisions relative to the
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| > Economic Project, including but not limited to priorities and amounts of
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| > investments and remunerations, distribution of profits, financing policy
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| > and selling price of all products or services including the Creation.
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| Not sure why this is a required clause. "Economic Contributors," in this
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| case equity holders in legal entities engaging in commercial
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| distribution already have all the right listed.
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| I am more interested in limiting the economic contributors to the
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| non-alienating types, i.e. donations and interest-free loans. All other
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| economic input should not be considered a contribution, and
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| private-equity should be explicitly rejected, as this represent
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| enclosure and not commons.
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| > 6.2. MODALITIES
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| >
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| > Participation is unrestricted and gratis, and its material organisation
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| > is assigned to the Contributors. Each Project is autonomous, including
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| > in respect to Projects concerning original or derived creations, and
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| > each Contributor is autonomous within a Project. Each Contributor has a
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| > voice in all decisions concerning the Project and concerning all its
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| > Contributors, including admission of new Contributors in the Project.
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| I am a little confused as to how this relates to 3.2. Is 3.2 meant to be
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| apply to the internal participation within a project? If so, perhaps
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| the terms it makes should be in the PARTICIPATION section instead.
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| I think this is overall a great approach, defining participation and
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| requiring financial information to be public is great.
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| The main area that is missing for me is the limitations on Economic
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| Contribution, in particular the prohibition of a User employing private
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| property and wage-labour to capture surplus-value derived from
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| common-stock of creations.
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