[Clipart] Draft Policy Feedback (WAS: Fwd: missing 'Statement')

Chris Bartels sss at sacredsoundsystems.com
Wed Dec 15 16:58:16 PST 2010


Hi Jon,
 
I had a quick look at the documents, I presume it's just you hammering
at it by the lack of response.
 
Regarding the http://openclipart.org/dmca page, what caught my attention
was the left side of the footer where it says 'The actual content on
open clipart library is Public domain'.
 
That still links to the retired licensing tool on Creative Commons.
 
I think a more appropriate page for that to link to would be the
http://openclipart.org/policies page, which contains more along the line
of what I'm expecting to see when I'm looking to acquire documentation
backing the stated usage rights.
 
However, I still feel this http://openclipart.org/policies page could
provide more in terms of reassuring these rights.


EDIT:

This draft has been sitting in my inbox for quite awhile, and lately I
simply don't have anywhere the time I'd like to be able to spend with this.
 
I hope to revisit the subject and contribute something tangible at some
point- it's just not happening now.

I would like to point out a public resource that may be helpful, while
also providing an opportunity to extend the OpenClipArt spirit into the
realm of PD legal documentation(s). This resource is a wiki called
'OwnTerms', and it can be found at this URL:
http://ownterms.pbworks.com

I wanted to outline some UX, it'll have to wait.


Kindest Regards,

-C
 
 
 
On Tue, 07 Dec 2010 10:32 +0800, "jon at rejon.org" <jon at rejon.org> wrote:
> Yep, that's right, thanks chovynz.
>
> C, working on this right now to get out before the next openclipart list.
>
> https://blueprints.launchpad.net/openclipart/+spec/dmca-procedure
>
> We have http://openclipart.org/dmca and
> http://openclipart.org/policies which are drafts.
>
> My recommendation is to go with CC Zero Public Domain Dedication tool
> which is closest to our intention and works internationally.
>
> Please comment on those drafts now...you are correct that we must do
> something sooner rather than later.
>
> Could you help by filing those pages as bugs on our bug tracker so we
> remember to fix them. If you find other references, please let us know:
>
> https://bugs.launchpad.net/openclipart
>
> Great!
>
> Jon
>
>
>
> On Tue, Dec 7, 2010 at 5:15 AM, chovynz <chovynz at gmail.com
> <mailto:chovynz at gmail.com>> wrote:
>
>     I'm forwarding this to the clipart list due to a mistake on my part.
>
>     ---------- Forwarded message ----------
>     From: chovynz <chovynz at gmail.com <mailto:chovynz at gmail.com>>
>     Date: Tue, Dec 7, 2010 at 10:13 AM
>     Subject: Re: [Clipart] missing 'Statement'
>     To: clipart at sacredsoundsystems.com
>     <mailto:clipart at sacredsoundsystems.com>
>
>
>     Hi C
>
>     We are in the process of figuring this out ourselves!
>
>     With the retirement of CC's Public Domain tool, we are considering
>     various routes about where to go from here.
>     More info can be found at :
>
>     http://lists.freedesktop.org/pipermail/clipart/2010-November/011145.html
>     http://lists.freedesktop.org/pipermail/clipart/2010-November/011179.html
>     http://lists.freedesktop.org/pipermail/clipart/2010-December/011180.html
>
>     We currently have this, but it's not linked to/from anywhere so
>     not really accessible to the general public, nor definitive, nor
>     authoritative, nor really much accepted.
>     http://www.openclipart.org/about-public-domain
>
>     Someone sometime is going to have to make a decision. Until then,
>     I'd say most of the cliparts are under CC Public Domain definition
>     (retired). Do your due diligence and use good sense when aquiring
>     "free" clipart from anywhere. As for the legal status ... PD is
>     PD. Most of the contributions are submitted under good faith into
>     the Public Domain from the artists themselves. There are however a
>     few "harvesters" that take clipart from other places, without
>     permission. Where possible, librarians have marked such clipart
>     with the tags pd_issue, copyright violation, potential copyright
>     violation, or other tags such as these. Keep your eyes open and
>     you should be able to avoid the troublesome ones. Any clipart with
>     logos should be treated as unusable or as a copyright violation -
>     and this mailing list notified. Same deal with clearly infringing
>     works i.e. Donald Duck clipart.
>
>     It may take some time for us to make up our collective hive minds
>     about this stinging issue. I hope you continue to "bee" with us
>     while we buzz about. We need to wax eloquent upon the issues at
>     stake. At some point we'll all swarm over it then fly away and do
>     our own thing. Maybee a queen response will emerge. Maybee not. In
>     the meantime, the workers will continue to do their sweet duty of
>     adding to the collective ...er... I mean collection.  
>
>     Cheers
>     Chovynz
>      
>      
>
>
>     On Tue, Dec 7, 2010 at 2:22 AM, <clipart at sacredsoundsystems.com
>     <mailto:clipart at sacredsoundsystems.com>> wrote:
>
>         Hi list,
>
>         I'm currently auditing my company's media asset copyright
>         documentation,
>         and am writing to inquire as to where I can obtain a copy of
>         Openclipart.org's copyright notice.
>
>         So far I've located conflicting statements on
>         www.openclipart.org <http://www.openclipart.org>.
>
>         At this address:
>         http://www.openclipart.org/wiki/About
>
>         The copyright statement reads as follows:
>         "All graphics submitted to the project are in the Public Domain
>         according to the statement by the Creative Commons."
>
>         The text 'Public Domain' links to this address:
>         http://creativecommons.org/licenses/publicdomain/
>
>         Which states in part:
>         "Creative Commons has retired this legal tool and does not
>         recommend
>         that it be applied to works."
>
>         And goes on in further detail to state:
>         "A certifier has taken reasonable steps to verify the
>         copyright status
>         of this work."
>
>         However this page does not define the term 'reasonable steps',
>         and fails
>         to link to any legal documentation to that effect.
>
>         Of course this is a publicly-editable wiki, and as far as I'm
>         aware no
>         legal precident exists which would allow for it's content to
>         provide any
>         expectation of validity in a court of law on any continent.
>         And as such
>         further investigation along this vector is rendered moot.
>
>         The next Openclipart publication addressing the subject of blanket
>         copyright, as per the official website's 'About' tab, at this
>         address:
>         http://www.openclipart.org/about
>
>         Which states:
>         "All graphics submitted to the project should be placed into
>         the Public
>         Domain according to the statement by the Creative Commons."
>
>         In this case the text 'Public Domain' links to this address:
>         http://creativecommons.org/license/publicdomain-2?lang=en
>
>         Which is the same 'retired legal tool' (as defined by it's
>         publishers)
>         which the wiki links to, albeit via an address 1 link depth
>         away from
>         this one.
>
>         This statement contains a second link in it's text 'Creative
>         Commons'
>         which sadly, is equally as unhelpful.
>         It links to the Creative Commons Corporation's homepage by
>         means of a
>         redirect from here:
>         http://www.creativecommons.org/
>
>         To here:
>         http://creativecommons.org/
>
>
>         Perhaps worth noting is that these 2 statements appear to
>         identify a
>         policy of blanket coverage defining all hosted content as
>         being public
>         domain licensed, with the small exception of the wiki choosing
>         the word
>         'are' as opposed to the less-than-definitive verbage chosen by the
>         official Openclipart.org site's version of the same statement and
>         instead uses the word 'should'.
>
>         Also I see that both these statements refer to that which is
>         described
>         by both as 'the statement by the Creative Commons', yet none
>         of this
>         text contains a link to said 'statement'.
>
>         Of course as luck would have it, this seems it would be the
>         'statement'
>         I need for my audit.
>
>
>         If someone would kindly point me toward pertinent, authoritative
>         documentation, I would greatly appreciate it.
>
>
>         Kind Regards,
>
>         -C
>         _______________________________________________
>         clipart mailing list
>         clipart at lists.freedesktop.org
>         <mailto:clipart at lists.freedesktop.org>
>         http://lists.freedesktop.org/mailman/listinfo/clipart
>
>
>
>
>     -- 
>     Cheers
>     Chovynz
>
>     _______________________________________________
>     clipart mailing list
>     clipart at lists.freedesktop.org <mailto:clipart at lists.freedesktop.org>
>     http://lists.freedesktop.org/mailman/listinfo/clipart
>
>
>
>
> -- 
> Jon Phillips
> http://rejon.org/
> http://fabricatorz.com/
> chat/skype: kidproto | irc: rejon
> +1.415.830.3884 (sf/global)
> +86.187.1003.9974 (china)
>
> +65.8330.5807 (singapore)
>
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