Open Licensing on the web Dr Savithri Singh Acharya Narendra Dev College February 29,

Open paradigm – definition used !! A paradigm where software used is free, open source and educational content that we create and use qualifies as an Open Educational Resource 2

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Richard Matthew Stallman (born March 16, 1953), often shortened to rms, is an American software freedom activist who initiated the free software movement and in October 1985 founded the free software foundation. 4

What is free software? Freedom 0: To run the program for any purpose. Freedom 1: To study how the program works, and change it to make it do what you wish. Freedom 2: To redistribute copies so you can help your neighbor. 5

What is free software? contd. Freedom 3: To improve the program, and release your improvements (and modified versions in general) to the public, so that the whole community benefits. Freedoms 1 and 3 require source code be available because studying and modifying software software without its source code is highly. 6

Stallman intended for all of his code to be free -- free as in freedom as opposed to free as in beer (cost). Even in the beginning the distribution of his code cost money (just as many Linux distributions today), but once you had the code, you were free to use it, change it, and redistribute it. This is the basis of the GNU GPL (General Public License). 7

What license for software? “GPL” stands for “General Public License”. The most widespread such license is the GNU General Public License, or GNU GPL for short. Using the GNU GPL will require that all the released improved versions be free software 8

Open source software – Open Source Initiative, Open source doesn't just mean access to the source code. 1. Free Redistribution: The license shall not require a royalty or other fee for such sale. 2. Source Code: The program must include source code, and must allow distribution in source code as well as compiled form. 9

Open Source contd. 3. Derived Works: Must allow modifications and derived works, and must allow them to be distributed under the same terms as the license of the original software. 4. Integrity of the author's source code: The license must explicitly permit distribution of software built from modified source code - maybe with a different name or version number from the original software. 10

Open Source contd. 5. No discrimination against persons or groups: The license must not discriminate against any person or group of persons. 6. No discrimination against fields of endeavor: The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research. 11

Open Source contd. 7. Distribution of License: The rights attached to the program must apply to all to whom the program is redistributed without the need for execution of an additional license by those parties. 8. License must not be specific to a product: The rights attached to the program must not depend on the program's being part of a particular software distribution. 12

Open Source contd. 9. License must not restrict other software: The license must not place restrictions on other software that is distributed along with the licensed software. 10. License must be technology-neutral: No provision of the license may be predicated on any individual technology or style of interface. 13

What about when we talk of content? Then 14

share, reuse, and remix, legally……. 15

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Public domain - When a work is in the public domain, it is free for use by anyone for any purpose without restriction under copyright law. Public domain is the purest form of open/free, since no one owns owns or controls the material in any way. Works that are in the public domain in one legal jurisdiction are not necessarily in the public domain worldwide. 17

Fair use - All jurisdictions allow some uses of copyrighted material without permission. Examples of fair use include commentary, criticism, news reporting, research, teaching, library archiving and scholarship. These usage rights are independent from the license and are not affected or changed in any way. 18

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work. 19

Fair Use …. We must … look to the nature and objects of the selections made, the quantity and value of the materials used, and the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work. 20

In Folsom v. Marsh, case, the defendant had copied 353 pages from the plaintiff's 12- volume biography of George Washington in order to produce a separate two-volume work of his own. The court rejected the Fair use Defense!! And deemed it in law a piracy!! 21

Fair Use…… To justify the use as fair, one must demonstrate how it either advances knowledge or the progress of the arts through the addition of something new. A key consideration is the extent to which the use is interpreted as transformative, as opposed to merely derivative. 22

Moral rights - The licensor has the right to request removal of their name from a work when used in a derivative or collective they don't like. Copyright laws in most jurisdictions around the world grant creators “moral rights” which may provide some redress if a derivative work represents a “derogatory treatment” of the licensor's work. 23

Publicity (or privacy) rights - Publicity rights allow individuals to control how their voice, image or likeness is used for commercial purposes in public. Important when transmitting content of anyone other than yourself. This is a distinct and separate obligation from obtaining the copyright license for the works itself, which only gives you a license from the author (or photographer) but not from the subjects. A Creative Commons license does not waive or otherwise affect the publicity rights of subjects. 24

Commonly used CC licenses - Attribution alone (by) Attribution + Noncommercial (by-nc) Attribution + NoDerivatives (by-nd) Attribution + ShareAlike (by-sa) Attribution + Noncommercial + NoDerivatives (by-nc-nd) Attribution + Noncommercial + ShareAlike (by-nc-sa) For example, the Creative Commons Attribution (BY) license allows one to share and remix (create derivative works), even for commercial use, so long as attribution is given. 25

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Attribution - Include any copyright notices (If the work itself contains any copyright notices) Cite the author's name, screen name, or user ID, etc. If the work is being published on the Internet, it is nice to link that name to the person's profile page, if such a page exists. Cite the work's title or name (if applicable). If the work is being published on the Internet, it is nice to link the name or title directly to the original work. 27

Attribution - Cite the specific CC license the work is under (optional). If the work is being published on the Internet, it is nice if the license citation links to the license on the CC website. Mention if the work is a derivative work or adaptation, in addition to the above, one needs to identify that their work is a derivative work i.e., “This is a Finnish translation of [original work] by [author].” or “Screenplay based on [original work] by [author].” 28

Is Creative Commons against copyright? No. The CC license helps you retain your copyright and manage it in a more flexible, open way. In fact, the licenses rely upon copyright for their enforcement. The justification for intellectual property protection is the "promotion of the progress of science and the useful arts." Helping creators or licensors fine-tune the exercise of their rights to suit their preferences helps do just that. 29

Creative Commons Licenses - May be applied to all work falling under copyright, including: books, plays, movies, music, articles, photographs, blogs, and websites and not for software. 30

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Open Source Software Open Educational Resources One of the early attempts to apply the ideas of OSS to education was the idea of “learning objects”, discrete units of instructional material that could be reused and recombined for various purposes. An Open content license was developed based on the premise that educational content should be freely developed and shared “in a spirit similar to that of free and open software” 33

Wiki communities believe that content should be free. The slogan of the Mediawiki software, which runs all the projects of the Wikimedia foundation, encapsulates this spirit : Ideas want to be free. Wiki software is often cited as an example of social software because of the ease with which users can work together on content, building a real sense of community. 34

Thank you 35