[p2p-research] Choosing the copyfarleft for the P2P Foundation coop

[Samuel Rose]

On Fri, Dec 24, 2010 at 9:03 AM, Michel Bauwens <michelsub2004 at gmail.com> wrote:
> that's exactly the goal of the p2p foundation, 'peer to peer' remember, and
> that's why we like it ...
>
> the license has its weakness, in the sense that it weakens the spread of an
> open commons, but not all commons need to be fully open,
>
> unlike the general material of the p2p foundation, which is fully based on
> volunteer labor, the coop is meant to create livelyhoods, hence, in this
> context, I think it can be justificed to share freely with other commoners,
> but not with those that intend to exploit the commons
>

I don't fault your principle. Yet it seems that so much of the
language in the license at
http://p2pfoundation.net/Peer_Production_License is open for
potentially conflicting interpretation. So long as you can trust all
participants, this is not a problem. However, what if you get a
participant that decides it is in their interest to try and twist the
language and intent of this license to their ends and means, for
instance in an attempt to gain control of some part of the system?

If we are to be the pioneers of this type of license, it's in our
interest to spend time on the language, and *modify* it to be
something that does what we collectively believe it needs to do.

One example from the language:

--"Except as otherwise agreed in writing by the Licensor or as may be
otherwise permitted by applicable law, if You Reproduce, Distribute or
Publicly Perform the Work either by itself or as part of any
Adaptations or Collections, You must not distort, mutilate, modify or
take other derogatory action in relation to the Work which would be
prejudicial to the Original Author’s honor or reputation. Licensor
agrees that in those jurisdictions (e.g. Japan), in which any exercise
of the right granted in Section 3(b) of this License (the right to
make Adaptations) would be deemed to be a distortion, mutilation,
modification or other derogatory action prejudicial to the Original
Author’s honor and reputation, the Licensor will waive or not assert,
as appropriate, this Section, to the fullest extent permitted by the
applicable national law, to enable You to reasonably exercise Your
right under Section 3(b) of this License (right to make Adaptations)
but not otherwise."--


What is the criteria that determines whether a person or entity that
re-uses is in violation of "distort, mutilate, modify or take other
derogatory action in relation to the Work which would be prejudicial
to the Original Author’s honor or reputation"?

The above seems to be headed in the direction of curtailing freedom of
speech and expression to me.

> however small at the beginning, the peer production license could be the
> start of a counter-economy that doesn't at the same time re-inforce the
> dominant economy,
>
> at the very least, it seems worth trying,
>
> Michel
>
> On Fri, Dec 24, 2010 at 2:49 AM, j.martin.pedersen
> <m.pedersen at lancaster.ac.uk> wrote:
>>
>>
>> On 23/12/10 18:55, Dennis E. Hamilton wrote:
>> > I must confess that Alan Toner's critique resonates for me.  I am pretty
>> > certain I will never contribute to a regime of scholarship and enquiry
>> > that
>> > discriminates among classes of people.
>>
>> I don't understand what you mean? Isn't the approach of Kleiner
>> characterised - whether one likes it or not - precisely by countering
>> class division?
>>
>> m
>>
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>
>
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Sam Rose
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