Picked up a Raspberry Pi for my son for Christmas and been searching for some projects to do over the holidays. I came across the Official Raspberry Pi Projects book and downloaded a Creative Commons licensed PDF copy of the book from the RPi site.

While downloading the book, I noticed that the Raspberry Pi Foundation (the non-profit charity that supports the development and use of the Raspberry Pi as a computing literacy tool) publishes a monthly magazine called MagPi, available in print and digital, also published with a CC-BY-NC-SA license. I popped over to the Google Play site to take a look at the app and was disappointed by the first 2 reviews of the app that I read.

It’s not pointless. In fact, it is exactly the opposite. What the Raspberry Pi Foundation is doing is an important piece of their organizational sustainability plan. When you purchase the app, you don’t buy the articles, you support the organization.

It reminded me of an observation that Paul Stacey from Creative Commons made about the writings of Joshua Farley and Ida Kubiszewski in the book Free Knowledge?—?Confronting the Commodification of Human Discovery. Farley and Kubiszewski write,

Conventional economics typically assume that consumption provides utility and what we pay for the goods we consume is an objective measure of the utility they provide.

To which Paul replies:

I find this weird in so many ways. Let me highlight just one – consumption provides utility. Under this logic a tree has no utility unless it is cut down and “consumed”. I expect all of you question the logic of this. A tree can provide great utility without being consumed. It provides shade on a hot day, its leaves cleanse the air we breath, its branches provide homes for birds, its roots prevent erosion, and to many it is a thing of beauty. To assert that a tree has no utility if it is not consumed is, to me, a bizarre premise.

To assume that there is no value in paying for content that you can get for free reflects this “consumption provides utility” economic perspective. To the reviewers, purchasing the app has no utility for them since they can get the content elsewhere for free. They even go a step further and question the wisdom of others who might actually pay for the app. Why do that?

They’ve missed the point.

This is not a traditional utilitarian purchase where you exchange money for a thing. You are not actually buying a thing, but instead supporting the entire organization that keeps the thing going.

In order for this business model to work, however, we have to recognize that when we see an organization that both sells and gives away their stuff for free that this is an important piece of their business model at work, and a path to financial sustainability built on open licenses.  It is not a traditional transactional deal. You are not buying the stuff. You are supporting the entire system that makes the stuff possible. It is a difference that the 2 reviewers of the MagPi app have sadly missed.

Sign of Confusion by Alan Levine CC-BY

Last week there was an important US court ruling that helps to legally clarify the freedoms and limitations of Creative Commons licenses. While it is a US court ruling, I think the ruling is still useful here in Canada as the global body of legal decisions involving  CC licenses is fairly small, so any legal interpretation is a useful thing.

In essence, the court decided that a company that used a CC licensed photograph did not violate the photographers copyright to that photo because the photographer licensed their photo with a CC-BY-SA (Share-Like) license, and the company did not use the photo outside of what the CC-BY-SA license allowed. Or, as the TechDirt byline nicely states “from the but-I-didn’t-think-anyone-would-do-the-thing-I-told-them-they-could-do! dept”.

A photographer named Art Dragulis uploaded a photo to Flickr with a CC-BY-SA license. A company called the Kappa May Group then took that photo and used it as a cover image on an atlas they produced and subsequently sold. Dragulis said that Kappa May violated his copyright by using his photo on the cover of an atlas that they then sold. He also stated that Kappa May didn’t attribute him correctly.

The court, however, disagreed with the photographer, saying that the -SA license does not prevent his photo from being used for commercial activity, primarily because CC licenses have an explicit Non-Commercial clause that he could have applied instead of the -SA clause.

The court ruling also supports how I have always interpreted the -SA clause, and that the -SA clause only applies to derivatives of the original work, and not to a collection that the original work is used in. That is, the original licensed item must be modified in some way that makes it different than the original before it needs to be shared back with a CC-SA license. In this case, the original photo was not modified and was used without alterations, so there is no obligation for the atlas company to re-share the photo. Nor is there a requirement for the company to release the entire atlas with a share-alike CC license as the ruling states that the atlas is not a derivative of the photo simply because the photo was used in the atlas. Instead, the courts considered the atlas a “collection” and the cover image is simply one item in that collection, therefore the entire atlas does not have to be released with a CC-BY-SA license.

This is important because this case will help people understand how items licensed with the -SA clause can be used. This has always been a bit tricky for people working with -SA licensed materials; if I use something with an -SA clause, do I have to release everything I create with that -SA licensed material with an -SA clause? As this ruling shows, no, you do not.

Additionally, it shows that an -SA work does not undercut the financial incentive for someone to use your work, thus somehow “protecting” your work from being used for commercial purposes.  For example, in this case, the photographer may have mistakenly believed that, by adding an -SA license to his photo, that he was removing the commercial incentive for anyone to profit from his work. That is, anyone *could* use his photo for commercial purposes, but they would then also have to freely make available a CC-BY-SA licensed version of their work, thus undercutting their own commercial use of his work. Why would a commercial organization use -SA content when it just meant they would have to release what they created for free? As this court ruling shows, this is not how -SA works when the -SA item is used in a collection and you can use -SA content for commercial purposes when used within a collection.

But more broadly (and more importantly) I think that this case hilights the general disconnect with how people expect (or hope) a CC clause works, and how that clause may actually work. Another recent example of this disconnect is the kerfuffle Flickr found itself in when it announced that it would sell wall art based on 50 million CC licensed photos that had been uploaded to the site by Flickr users. After the community protested, Flickr backed down even though Flickr had the legal right to use those photos under the terms of the CC licenses.

Now, I agree that just because you have the legal right to do something doesn’t mean you should just rush ahead and do it, especially if you are a major corporation. Flickr could have handled this better and rolled their program out in a way that would have benefited both Flickr and the community. I mean, c’mon Flickr, why not compensate the photographers who have their photos used?

But commercial use, like the -SA clause, is one of those clauses that has always been a bit tricky because what is “commercial” is often interpreted in different ways. For some, releasing content with a non-commercial (-NC) clause means absolutely no commercial activity whatsoever. For these purists (for lack of a better term), anyone using their content for any reason where money changes hands is not ok. For those purists who licenses with an -NC license, this may mean even using their photo in a way that might say, raise money for a charity or a non-profit, or offset legitimate costs, like the cost of printing is a no-go.

For others who choose the -NC clause for their material, they may define -NC more closely to the phrase “non-corporate” than “non-commercial” in that they don’t want something they create being used by a private company, but would be ok for a charity or another educator or a non-profit to use for something like fundraising. Still others use -NC to mean “not for profit” but would be ok with charging for a cost recovery. To the point, -NC is an attribute that is open to interpretation, and people often interpret it through their own lens and context.

While there are certainly prevailing attitudes within the CC community as to how to interpret the different CC clauses, the fact remains that working with CC licenses is theoretically simple, but practically complex because we are dealing with law and law is complex. And while CC per se is not law, it does have legal implications because it is so closely tied to copyright law.

Which is why I think that this court ruling is important. The wider CC community needs more legal decisions like Deagulis vs Kappa May to help bring greater certainty and clarity to the many nuances of working with CC licenses. More clarity through legal decisions helps to clear up some of the ambiguity, which ultimately makes it easier to work with the licenses because the community then has something very clear to point to and say, “this is what -SA means”.

Kevin Smith at Duke University has an excellent post about this specific case.

This blog used to be licensed with a Creative Commons Attribution Non-Commercial Share-Alike license (CC-BY-NC-SA). That changed today when I decided to remove the NC and SA clauses and just make it CC-BY.

As part of the BCcampus open textbook project, I’ve been digging deep into researching the various types of CC licenses. After seeing this chart on the CC website outlining compatibility of CC licenses with each other, I realized that the chances of someone being able to reuse my stuff is virtually nil because of the restrictions I had in place.

The problem is the Share-Alike attribution. When I chose the option to force people to “Share-Alike” (SA) I imagined that this would require people to use ANY CC license for anything they created using my material. I thought this would be a good way to prompt the adoption of CC licenses if someone wanted to use things I create.

What I didn’t realize was that, in fact, what I was forcing them to do was adopt a CC-BY-NC-SA license.  The SA license doesn’t mean Share-Alike with any other of the CC licenses – it means that the license of the adapted work has to match my license exactly.  Therefore, if someone wanted to use my work to create a derivative work (say translate this blog into another language) , they could not license that work with any other license other than a CC BY-NC-SA license and by forcing people to adopt a restrictive CC license, I am actually limiting the reuse of my material. My original good intention of adopting a Share-Alike license to try to promote the use of ANY CC license doesn’t make sense.

As for the NC (Non-Commercial) clause. When I first choose the NC clause, I picked it for 2 reasons. First, I didn’t want people taking my content and selling it – somehow make money off it. Really, I could care less about that anymore. I mean, you’ve read what I write. To think someone would actually pay for this stuff. Heh. I am more than a little embarrassed by the hubris of the 10 year younger me. Besides, I can’t see why people would pay for something they get for free right here.

The second was that I wanted to have SOME kind of recourse (however naive this belief was) that I could use against someone who republished the content of this site to drive traffic to another, unrelated site. It is not an uncommon practice for unscrupulous websites to republish content harvested from sites to drive traffic to another site – a practice known as blog scraping. or splogging (spam blog). I thought that by adopting an NC license that might somehow someday protect me by giving me some kind of legal recourse. Well, truth is, my content gets splogged all the time, and I don’t have the energy or time to try to chase the shadows to even attempt to identify who is doing it. And, again, quite frankly I could care less anymore. In the 10+ years of publishing content on the web, that fear I may have once had has left the station aboard a trainload of meh.

Go ahead. Use and reuse.

CC license compatibility chart from Creative Commons used under Creative Commons Attribution license