Subject: new licensing model
From: "Nikolai" <n_k@au.ru>
Date: Thu, 15 Dec 2005 12:52:51 +0300
Thu, 15 Dec 2005 12:52:51 +0300
New licensing model

This article is my explanation why, from my point of view, the new licensing model is
necessary.

I decided to start developing new licensing model a few months ago after several email
talks with people regarding some ideas about Open Source, KM standards, Social Networks
Analysis, Text Structuring, Text Viruses and Media projects based on citizen's journalism
and multi-blog software platform jDnevnik.com - http://jdnevnik.com  , which won this
year Russian Sun Microsystems contest in J2EE category - http://ru.sun.com/news/press/2005/september/pr010905.html
.

All these talks indicated me that something stops the constructive dialogues and this
must have some general explanation. That was a question.

In my understanding the relevant problem is following:

Currently content based business, free content exchange and growing deluge of content
in the web are lacking in opportunities:
- to get global recognition for authors and their works;
- to see what's new, the derivative works, based on the original and other derivative
works and therefore not to "invent a wheel", decide which work is worth to develop further,
forecast a progress and trends of the development and education;
- to give authors the opportunity to get paid even when their works were used in the
works of other authors and the copies of the works of other authors are used for making
money.

Yes, you can add some other problems. But if to consider all this as a whole, I see
a contradiction between old-fashioned business and non-profit models (with their complicated
legal restrictions to use content and with closed strategies) and social nature of the
web with its growing speed of copying and sharing content in every corner of the Earth.

Consider:

1. Licensing.

I did not find a proper solution among the licensing models I saw. Maybe it is because
they are not business, that normally must generate equivalent value for its insiders
and outsiders.

These models declare some protection of copyright, but author can not see who and how
uses his/her work legally. In my understanding it opposes free exchange of content to
the opportunity to commercialize it. Any restrictions to develop the works further (because
author does not see the ways to get paid from this development) stop innovations and
give rise to piracy and break copyright. Open Source movement for any sorts of content
(source code, text, graphics, audio, video, etc.) would be more attractive for people
if the mentioned problem will be solved.

Also I consider copyright as a fundamental human right (for everyone) - it should not
be even registered according the law of many countries. To be the right and since the
web has not national borders a proper scheme relevant to this reality must be established
to stop the war between content authors and users. Tell me who can win this war and
why we must spend resources for legal "weapon" instead of legal peace?

2. News service.

Big commercial media represent the fragmented picture of the events with the short term
perspective and according their own policy - they are not about derivative works (how
things go further). Citizen's journalism may look like the big commercial media with
one difference - displaying what big commercial media usually refuse to display.

3. On-line sale.

It is not about paying every author, whose works was used in the commercialized work.

So, that is why I started developing the new licensing model (the Licence itself, the
structure for its software implementation, the business model for partnership) with
a use of my methods of structuring texts.

One of the Licence's ideas, which I represent here, is to make the sequence of digital
works (from the original work to the last derivative work and back) visible for everyone
to decide where to connect with variants of use. Also I tried to combine free copying
of works in any quantity, their free use for not making money and paid use for making
money. Paid use means for authors the opportunity to get paid even when their works
were used in the works of other authors and the copies of the works of these other authors
are used for making money.

I think this Licence may accelerate innovations because authors could focus on their
works and be interested in their further development by other persons.

The Licence v. 0.1 - http://tvl.ton.net.ru/Lic ru en v01.pdf  is not yet ready for use
because it needs corrections, software and organizational infrastructure. It needs thinking
people as well.

Why not think about a precedent to establish a business, which could provide free global
service for authors to assist them in creating innovative content and benefiting from
it even if they have only knowledge and access to the web? I am entirely open for any
well-founded criticism, comments, suggestions and partnership to make it real. There
are many variants to implement this. Let's talk via email or at my blog -  http://jdnevnik.com/upravlenie
.

Link to this article - http://jdnevnik.com/upravlenie@2005.12.15:1 

Special thanks to Liza Wohlfart http://www.knowledgeboard.com/cgi-site/whoswho.cgi?action=detail&id=118110&authorid=724122
and Ed Mitchell  http://www.knowledgeboard.com/cgi-site/whoswho.cgi?action=detail&id=105288&authorid=706152
, who explained me the need to transform my abstract http://jdnevnik.com/upravlenie@2005.11.28:1/$comments

to the article.

Nikolai Krjachkov