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For this year’s Wikimania (26-28 August, Buenos Aires) I submitted an abstract of a paper comparing transnationalization processes and community relations of Creative Commons and Wikimedia. In this series I present some work in progress.
While the now famous online-encyclopedia Wikipedia was founded shortly before Creative Commons in 2001, its organizational carrier – the Wikimedia Foundation – was founded about half a year after Creative Commons had formally launched its first set of alternative copyright licenses in December 2002. Both organizations share the fundamental vision of creating and promoting a global “commons” of freely available digital goods. Wikimedia hosts a framework of hardware (webspace and bandwith), software (the wiki-engine “MediaWiki”) and legal rules (copyleft licenses) for several projects of commons-based peer production such as Wikipedia, Wikibooks or Wiktionary. Creative Commons, in turn, delivers a set of open content licenses to – not only, but also – legally enable and foster such commons-based peer production projects as put forward by Wikimedia.
Interestingly, independent from one another, both organizations very soon after their foundation started to transnationalize by developing a transnational network of locally rooted organizations. In a way, this strategic coordination of legally and financially independent organizations resembles what is called “strategic networks” in the realm of business research (see, for example, Gulati, Nohria and Zaheer 2000). Their strategies of building such an organizational network were however quite distinct. Read the rest of this entry »
For this year’s Wikimania (26-28 August, Buenos Aires) I submitted an abstract of a paper comparing transnationalization processes and community relations of Creative Commons and Wikimedia. In this series I present some work in progress.
A few days ago, Wikimedia, the organization behind Wikipedia and its sister projects, announced the results of its most recent community vote: All contributors who had made at least 25 edits to any Wikimedia project prior to March 15, 2009 were invited to vote on the proposal to license Wikimedia material so it is available under the Creative Commons Attribution-ShareAlike license (CC-BY-SA), while retaining dual licensing with the GNU Free Documentation License (GFDL). This proposal is in line with earlier statements of Wikipedia founder Jimmy Wales, who repeatedly stated that “Wikipedia, had it been founded after Creative Commons, would have certainly been under a Creative Commons license” (see, for example, his speech at an iSummit party in December 1 2007 in the video below) The proposal was accepted by a solid 75.8 % majority (see results page). Read the rest of this entry »
At the workshop „Mashing-up Culture: The Rise of User-generated Content“, which had been perfectly organized by Eva Hemmungs-Wirtén of Uppsala University in Sweden, Sigrid and I not only presented a paper on “The Copyright Dispute” (see resources page for paper and slides respectively), but I also had the great pleasure of meeting Niva Elkin-Koren. She is not only project lead of Creative Commons Israel but does very instructive research on copyright licensing and governance in the realm of digital communities (see SSRN-page for details).
One of her most recent papers, titled “Governing Access to User-Generated-Content: The Changing Nature of Private Ordering in Digital Networks”, is of particular relevance for scholars of transnational governance: Most of the new digital communities and their respective carrier platforms such as Facebook, YouTube or Wikipedia are “born globals”. Their regulation, be it (seemingly) unilateral via terms of service (see “Private Copyright Regimes: Facebook”) or multilateral via optional licensing (see, for example, Flickr), represents a form of transnational private ordering. At the same time, the pace of technological change and the blurring boundaries between the commercial and the non-commercial sphere make this field particularly promising for studying (collisions of) transnational governance regimes. Read the rest of this entry »
A few days ago, the MIT faculty unanimously adopted a university-wide OA mandate, which establishes as a default rule the obligation for MIT researchers to hand over a pre-print version of their scientific works for publishing it in an open access repository (see Open Access News). In a note on this decision, the chairman of the drafting committee Hal Abelson explains the context of this decision:
“Our resolution was closely modeled on similar ones passed last February by Harvard’s Faculty of Arts and Sciences and by the Harvard Law School, also passed by unanimous vote. Stanford’s School of Education did the same, as did Harvard’s Kennedy School of Government just last Monday.”
So, MIT’s step towards open access is an illustration of both an example of elite universities’ regulatory power and of the power of their example. When MIT announced its Open Courseware program it was soon followed by hundreds of unversities all over the world, many of which joined the Open Courseware Consortium. But most of these universities followed the MIT example not only generally in making course materials openly availble but they also adopted MIT’s relatively restrictive Creative Commons license policy, namely an Attribution-Noncommercial-Share Alike license.
Today, people at Creative Commons’ subdivision “CCLearn” struggle with MIT’s historical license decision and try to convince educational institutions to adopt more open licenses such as Attribution-Share alike or mere Attribution to foster exchange and remix of open course materials. As I see it, there is a good deal of regulatory path dependence emerging in the domain of Open Access as well…
(leonhard)
“It is difficult to make predictions, especially about the future.”
(Karl Valentin and others)
Not so long ago, the monopolistic concept of musician’s copyright collective like the German GEMA or the British PRS seemed to last forever. Even in countries with more than only one copyright collective like the US (e.g. BMI, ASCP) membership is exclusive and all-encompassing, meaning that an artist is not allowed to license only some works differently.
Yet, jamendo’s recently launched service jamendo pro might prove that forever was yesterday. Jamendo is an aggregator of Creative Commons (CC) licensed music. Commercial revenue is shared equally between jamendo and the artists, non-commercial use is free. In spite of the collecting societies’ prohibition of any open content licensing such as CC, the back catalogue of Jamendo consists of already more than 15.000 albums. Read the rest of this entry »
The founder of the organization Creative Commons, Lawrence Lessig, a Stanford and soon Harvard law professer, was one of the first to support Barack Obama’s run for precidency. He endorsed Obama even long before the Iowa caucuses in November 2007 on his blog. Funnily enough, the first paragraph of his endorsement reads like this:
“‘DON’T DO THIS!’ a friend wrote, a friend who never uses allcaps, a friend who cares genuinely about what’s good for me, and who believes that what’s good for me depends in part upon how easily I can talk to the next administration. ‘He is NOT going to win. She has it sewed up. DON’T burn your bridges before they’re hatched — so to speak.'”
Today, only hours after Obama’s inauguration, Lessig’s risky endorsement seems to pay off. The copyright notice on whitehouse.gov reads now as follows:
“Except where otherwise noted, third-party content on this site is licensed under a Creative Commons Attribution 3.0 License. Visitors to this website agree to grant a non-exclusive, irrevocable, royalty-free license to the rest of the world for their submissions to Whitehouse.gov under the Creative Commons Attribution 3.0 License.”
Seems as if Creative Commons has arrived in the mainstream by now.
Last December I was invited to participate in Standord Law School’s Center for Internet and Society (CIS) speaker series with a talk on "The Copyright Dispute: A Transnational Regulatory Struggle". In a nutshell, most of what it was about can be grasped by looking at the stylized figure below:
Living up to its name, the CIS offers es a podcast feed of its speaker series via iTunes (Feed), where an audio version of my presentation and the following discussion (including comments from Larwence Lessig) is available. This great service leaves me with offering the slides (PDF) and an iTunes-free mp3-download (9,64 MB) of the talk.
(leonhard)
governancexborders.com 