<div dir="ltr"><div dir="ltr"><br></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Wed, Aug 21, 2019 at 3:39 PM Christopher Sean Morrison via License-discuss <license-discuss@lists.<span class="" id=":19g.66" tabindex="-1" style="">opensource</span>.org> wrote:</div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
> You are trying to state copyright law in reverse, presuming the right to control culture and science is natural and any limitations on that (such as the protection of privacy rights) is a restriction. The participation in and protection of culture and science in article 27 seems pretty focused on public activities, not private ones.<br>
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That’s not what I read. The point was specifically about having put labor into something one is choosing to share, subject to terms, something which they do not have to share, and which is not any commentary on reverse copyright law or law of any sortt I don’t know where I’d stand on it with respect to intellectual property, but it certainly applies to physical property:</blockquote><div><br></div><div>This list is "license-discuss@lists.<span class="" id=":19g.67" tabindex="-1" style="">opensource</span>.org", which suggests to me it is about open source software licenses. This means that it is entirely about copyright, patent, trademark, contract and any other laws that relate to software licenses.</div><div><br></div><div>Whether people realize it or not, this is a policy forum feeding into the legal process. It it not only politicians that make laws, but courts as well. The licenses we discuss can become precedent in countries where courts are charged with interpreting them in the context of domestic law and other precedent.</div><div><br></div><div><br></div><div>If there was a forum discussing submissions to various governments on how they should regulate cloud companies and/or employers use of technology, the conversation would be entirely different as the consequences of that public policy would be entirely different.<br></div><div><br></div><div>Analogies between physical and "intellectual property" (statutory monopolies) often fail because people get confused about what is owned by who. In the case of copyright what is owned by the proprietor is the copyright, not every "copy" made (note that copying is only one of the bundle of rights, and copyright isn't all about copies). By owning the copyright they can sell and/or license all or part of the bundle of rights listed under copyright in each jurisdiction. Owning a copyright is more like owning an insurance policy than owning a physical thing. If I take out a life insurance policy on you that doesn't make me a slaver owner as what I own is the insurance policy, not you.</div><div><br></div><div><br></div><div>On the question of "put labour into something", read: <a href="https://en">https://en</a>.<span class="" id=":19g.68" tabindex="-1" style="">wikipedia</span>.org/wiki/Sweat_of_the_brow . Canada and the US both require skill and judgment, and do not care how much "labour" you put into something intellectual in nature.</div><div><br></div><div>Copyright law in most jurisdictions are not as proprietary as to believe that putting labour into something intellectual automatically gives you the right to restrict everything done with that creativity. It only offers a limited specific bundle of rights with additional exceptions.</div><div><br></div><div><br></div><div>To quote <span class="" id=":19g.69" tabindex="-1" style="">Lessig</span>: <a href="https://en">https://en</a>.<span class="" id=":19g.70" tabindex="-1" style="">wikiquote</span>.org/wiki/Lawrence_<span class="" id=":19g.71" tabindex="-1" style="">Lessig</span>#<span class="" id=":19g.72" tabindex="-1" style="">OSCON</span>_2002<br></div><div><br></div></div><blockquote style="margin:0 0 0 40px;border:none;padding:0px"><div class="gmail_quote"><div>Creativity and innovation always builds on the past.</div></div><div class="gmail_quote"><div>The past always tries to control the creativity that builds upon it.</div></div><div class="gmail_quote"><div>Free societies enable the future by limiting this power of the past.</div></div><div class="gmail_quote"><div>Ours is less and less a free society.</div></div></blockquote><div class="gmail_quote"><div><br></div><div>While <span class="" id=":19g.73" tabindex="-1" style="">Lessig</span> was talking more generally about the regulation of creativity and innovation with laws like copyright and patent, it is a good way to look at the conversation within this open source forum about whether we should be "enabling the future by limiting this power of the past", especially when it comes to private activities. While there is a public policy purpose behind regulating public activities to protect the interests of society, I do not see how there can be a public policy purpose to allowing creators and innovations to restrict private activities.</div><div><br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">> I do not believe copyright holders have any legitimate reason to be granted the ability to regulate private activities, and believe the law within each country should clarify private activities as outside copyright.<br>
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This is a bit of a “No True Scotsman” fallacy. Some will certainly feel that having put their own labor into making something is perfectly -legitimate- grounds for imposing terms. That is literally the premise.<br></blockquote><div><br></div><div>Except, that premise has been rejected by most legal jurisdictions including the USA and Canada.</div><div><br></div><div>Copyright law requires skill and judgment, not labour, and is a limited bundle of rights with exceptions, not an ability to enforce terms around all activities.</div><div><br></div><div><br></div><div>I believe it is the attempt to use software licensing terms to regulate cloud providers, or protect employees from unscrupulous employers, or other similar public policy goals that gets too close to the "No True Scotsman" fallacy. I consider the alleged intended consequence relating to these public policy issues to be outside of the jurisdiction of license agreements, and thus it is the unintended consequence directly related to the laws governing license agreements this forum should be focused on.</div><div><br></div><div><br></div><div>This conversation has many sub-threads in it, with the following being the ones I can think of now.</div><div><br></div><div>* What areas of law are related to the enforceability of software licenses.<br></div><div><br></div><div>* Should documents being called "license agreements" contain personal political statements from proprietors which are never intended to be part of the legal interpretation of the document?<br></div><div><br></div><div>* What are the existing contours of these laws in each jurisdiction</div><div><br></div><div>* As a matter of public policy, which policy directions should be considered positive for the interests of society rather than only positive for specific special or proprietary interests. In this forum the context is software freedom, which is the basis of the <span class="" id=":19g.74" tabindex="-1" style="">OSD</span>.</div><div><br>* Whether the <span class="" id=":19g.75" tabindex="-1" style="">OSI</span> should include in their analysis of the suitability of a license how that license might impact legal precedent if/when interpreted by courts?</div><div><br></div><div>* Whether discussions about whether and how specific business practises should be regulated are on-topic within software licenses, or within this forum that is intended to be focused on discussing software licenses. Many of us have expressed agreement with the need to regulate specific business practises, but disagree that these discussions are on-topic for software licenses or software license forums.<br><br></div><div><br></div></div>-- <br><div dir="ltr" class="gmail_signature">Russell <span class="" id=":19g.77" tabindex="-1" style="">McOrmond</span>, Internet Consultant: <<a href="http://www.flora.ca/" target="_blank">http://www.flora.ca/</a>><br><br>Please help us tell the Canadian Parliament to protect our property rights as owners of Information Technology. Sign the petition! <a href="http://l.c11.ca/ict/" target="_blank">http://l.c11.ca/<span class="" id=":19g.78" tabindex="-1" style="">ict</span>/</a><br><br>"The government, lobbied by legacy copyright holders and hardware manufacturers, can pry my camcorder, computer, home theatre, or portable media player from my cold dead hands!" <a href="http://c11.ca/own" target="_blank">http://c11.ca/own</a></div></div>