User's Non Guide - copyrights and other rights

Artur F. Silva artsilva at mail.eunet.pt
Sun Jan 27 06:31:11 PST 2002


Hello:

1. I must begin to say that I am not a fan of copyright. On the contrary,
I am a supporter of the copy-left movement and I hope that, in the future,
less and less concepts (and writings) will be copyrighted. That is the reason
why I like Open Source Software, the Internet, as well as OST. The
only reason why there are copyrights is because there are fees to be
received by the "authors" or owners through licenses, royalties, etc. It is
all part of our capitalist society and not...a gift of Spirit...

2. So I would prefer not to discuss copyright issues. But the question
has been raised in relation with the "User's Non Guide" that Michael
and Chris edited (that has been called a "book"), as well as other
connected questions, namely the need to ask permission for
the use of writings of others. So the subject must be aired.
But, as we are discussing an "OST - Non Guide" the question must
be discussed in the context of other positions about "copyrights" that
are dominant in the OST community.

3. In what concerns OST, Harrison has not copyrighted the concepts,
doesn't oblige anyone to follow his training's (or others) to be "certified"
to use OST, doesn't get paid to certify future certifyers (but only for the
training he provides), is not paid for the many sites and methods
that use OST name and principles (but only for the books he wrote),
always says that any person with a "good head and a good heart" can
be an OST practitioner. And this list is open to everyone that subscribes
to it and not only to a few people trained by him or by other trainers
"licensed" by him (and eventually by some invited prospects of future
training sessions). So OST is like it is and I like it being like that.
The reason I feel part of this community and of this list is because
of that. I would not belong to both if certification and/or invitation were
needed.

On the other hand, this list is non moderated (truly Open) and any
one can say here what one wants, even if it is a divergent position,
with the right of not being directly or indirectly silenced or "corrected"
by the majority. So even if I think that Michael and Chris have done
a superb work, the voices that are honestly trying to help perfecting
the work or calling our attention for points that may have been
overlooked shall not be silenced, even if others don't agree with
them.

4. In what concerns copyrights in relation with the "User's Non Guide"
I think that the all question began with the fact that it has been called a
"book". But in its proposed form, it is not really a book. I think it would be
more correct to call it an "Internet page" available in a site or a "virtual
book". Anyhow, in the format proposed by Michael and Chris, the "book"
will not be sold and there are no rights to be distributed. On the other
hand all the materials that are included in that "page" are already available
in non edited form in the Archives of this list (where they can be consulted
by everyone that surfs the net) and they have been sent to this list (and to
the Archives) freely by each author.

5. So, speaking for myself, what happen is that some modest posts
I sent to the list and are available in a format difficult to consult, and from
which I didn't expect anything, are now ALSO available in a different
place and edited together with others in a more friendly and meaningful
way. So I am in debt with the editors not only for the editing (and I hope
that they have also corrected my English errors as part of the editing ;-),
but for providing a second copy of them. As they have not asked me any
payment I have not offered one... But for me there is no question of
copyrights and I am glad to give it to any persons or institutions the
group agrees.

6. To be clear, I think that Michael and Chris, with the good intention
of protecting the rights of the co-authors, gave occasion without intention
for the question of copyright to be raised - as they themselves have
stated a copyright (to OSIs). That's a minor point, for sure, but if there
was no reference to copyright in the first place, maybe the question
would not be raised. And indeed, and even if I have no problems with
the copyright to OSI, I think that a reference to copyright was
not needed, or even the copy-left nature of the "virtual book" could
be claimed. In any case the rights would stay where they are already -
each "writer" has the "rights" for one's own writings (and one can freely
reuse its writings without having to ask permission from no one "owner
of the copyright").

7. Now about the point of obtaining authorization to use texts from someone
for different purposes, I think it is a good practice. But I also think
that it is
exactly what has been done! Let me explain my point.

I understand the editing work of MH and CC as a gift they have offered
to the co-authors and the list. And an important part of any gift is surprise.
If they would previously ask permission from each one that surprise would
disappear. But what they have offered is a Draft that is under consideration
during some time. I am sure that if any of the co-authors will write to the
list or the editors saying that he/she doesn't want his/her texts to be
included they will not. Have I understood well?

8. Now a more sensible point - or maybe not. What I have said about giving
up my "rights" (and that applies for the "virtual book" under discussion, but
also for the "real book" I have suggested, if that hypothesis is accepted) is
perhaps an easy thing for me to do, as we are talking about two or three
posts that account for one or two pages of the "book" . Maybe because I
was already thinking about the possibility of publishing also a "real book"
I became aware that the participation's of different "authors" is not equal.
Indeed, I think that the writings of Harrison account for more than half of
the book, and he have introduced the subject and answered to many of
the other posts. I also think that during this dialogue he has opened and
has been holding the space. I wonder if that should not be recognized for
instance saying "Written by HO and 36 other OST practitioners".

9. And if, at any moment, the compilation gets published as a "real book"
the copyright question will have to be rediscussed. I have already stated
my position about that but I think that to hear the positions of all the
co-authors would be needed in that case. And written permissions from
all the authors (even from you, Florian...) would be needed too...

Regards

Artur

*
*
==========================================================
OSLIST at LISTSERV.BOISESTATE.EDU
------------------------------
To subscribe, unsubscribe, change your options,
view the archives of oslist at listserv.boisestate.edu,
Visit:

http://listserv.boisestate.edu/archives/oslist.html



More information about the OSList mailing list