Comments on: HELP: Please take the CC “noncommercial” survey Blog, news, books Thu, 12 Oct 2017 08:56:00 +0000 hourly 1 By: Daniel Stern Tue, 09 Dec 2008 22:13:34 +0000 I would like to request a few things for future surveys:

1. The ability to review your answers, or have them emailed to oneself.
2. I would like to be able to see other people’s answers.
3. I would like to have a copy of the report automatically emailed to me when it is completed. (Kind of a reward for spending the 15-25 minutes)

Otherwise, I only recently started reading the Berkman websites and am in the process of applying to HLS, and hope to get involved in the future. Thanks for all the great content, and good luck with the RIAA!

By: Crosbie Fitch Fri, 05 Dec 2008 15:58:15 +0000 Kyle, ‘no-win, no-fee’ lawyers also need to be able to afford to prosecute an infringer, and as the record labels are discovering there’s a heck of a lot of infringing publishers out there unable to pay damages sufficient to cover a lawyer’s costs – without at least severely impacting the plaintiff’s reputation if the lawyer persists in attempting to extract them.

You may be able to persuade CC to operate as if RIAA, and act as a brokerage of contingent lawyers willing to prosecute any infringements of the NC option. That would be an ‘interesting’ development.

Do not exploit your privilege to prosecute your audience in the enjoyment of their natural cultural liberty, even if they exchange their labour in doing so in a free market.

Better still, abolish copyright.

By: Kyle Fri, 05 Dec 2008 12:13:53 +0000 Just to point out to Crosbie, many lawyers work on a contingency fee basis. This means a small publisher would be able to afford a lawyer because if he loses, he owes the lawyer nothing, while a victory assigns some amount of the award to the lawyer.

By: Tero Fri, 05 Dec 2008 02:45:26 +0000 Done and I am glad to be able to help. I warmly welcome the effort to clarify the NC clause.

Are the correct answers going to be available (for the questions where a legal answer is available)?

By: Willian Galdino Thu, 04 Dec 2008 22:48:14 +0000 A pleasure.


By: joy g Thu, 04 Dec 2008 06:26:10 +0000 I actually thought the survey quite fascinating.

By: Jens Ayton Thu, 04 Dec 2008 06:17:33 +0000 Many of the questions are vague in ways that don’t feel helpful, often followed by ones that are overly specific. It feels like the survey is continually trying to lay traps.

The question “Thinking of all the works that you have shared online and licensed as 100%, what percent have you licensed in each of the following ways? Enter a percent for each approach listed below. Your answers must total 100%.” is flawed. The answers “Standard license that I prefer to use for all my works” can overlap with other answers such as “Free public license available online”, so an answer that actually makes sense would have a sum greater than 100 %.

By: Chris Thu, 04 Dec 2008 01:16:45 +0000 Have to agree with Joe, the survey is way too long.

By: joe Wed, 03 Dec 2008 23:57:17 +0000 It’s way too long. I spent 10 minutes on it and was 43% done… couldn’t afford then next 10 minutes. Apologies… but you may get quite a bit of responder bias in this sense

By: Han Rusman Wed, 03 Dec 2008 19:55:12 +0000 Done, hope it will help :-). It reminded me, how complicated the whole issue is, and I don’t think CC make it a lot easier.

By: Crosbie Fitch Wed, 03 Dec 2008 19:35:48 +0000 Answering as a copyright abolitionist:

I strongly agree with all the following:
1) Someone may disapprove or criticize of my works.
2) My works could be used for some purpose I find objectionable (for example, pornography or political propaganda)
3) My competitors might find out what I am producing
4) An individual or organization could derive financial gain from my work without sharing the profits with me
5) I consider public sharing a violation of my privacy

If I’m expected to deduce that I must disagree in order to state that these are not my concerns, the survey is flawed.

But, heck, the whole concept of NC is flawed, as is the notion that a self-publisher may afford a lawyer to sue someone they suspect is making money from copying or otherwise infringing the copyright of their published work for financial gain.

All commerce is exchange. All sharing of intellectual works is cultural exchange. Why begrudge another their liberty to exchange their cultural labour in a free market? As long as they don’t misrepresent another’s work as their own, they have made an honest exchange.