Creative Commons Australia

I’m grat­i­fied to see an inter­na­tion­al­i­sa­tion work in progress for Cre­ative Com­mons licens­ing schemes, specif­i­cally, the pro­duc­tion of a doc­u­ment for here, in Aus­tralia (for obvi­ous rea­sons, I have some­thing of a vested inter­est in the integrity of this licence in my place of res­i­dence!). If only for rea­sons of cor­rect domes­tic spelling, it’s enjoy­able to read the Aus­tralian ver­sion over for­eign (typ­i­cally, United States) ver­sions of the document!

Call me a lan­guage bigot if you will, but first con­sider the amount of Inter­net con­tent which exists in Americani[s/z]ed form, then get back to me! Apolo­gies if any­one takes offense at this, but I much pre­fer famil­iar, estab­lished, and gen­er­ally accepted as cor­rect (out­side of the United States) spelling (and, to a lesser extent, gram­mar) over that offered by “glob­ally acces­si­ble” con­tent which is, in fact, geared towards one mar­ket only — the “global” thing being a pre­tense at best.

No, I haven’t com­pletely missed the sig­nif­i­cance of this licence port. I under­stand that there are per­fectly valid legal rea­sons which neces­si­tate the devel­op­ment of this — I just lack an ade­quate under­stand­ing of the nuances of lan­guage which, appar­ently, may con­sti­tute loop-holes in the ludi­crous thing which is our legal sys­tem. Want to accuse the US of being worse? Okay, that’s true — but don’t for­get the fact that we’re the sec­ond most lawsuit-happy coun­try on the planet.

Per­haps the most inter­est­ing aspect of this licence (to a com­pletely unin­formed, un-lawyer (which, inci­den­tally, replaces “attor­ney” in this draft) per­son, at least) is the change in ter­mi­nol­ogy with regard to copy­right law. A stand­ing sore-point between myself and Aus­tralian copy­right law is the lack of “Fair Use” clause — if I buy a record, it’s ille­gal for me to dupli­cate that, even for per­sonal use. For­eign soft­ware licences often make pro­vi­sion for backup, but unless that is explicit, I don’t believe Aus­tralian copy­right law offers such a pro­vi­sion. As always, it’s more than prob­a­ble that I’m wrong.

But yes. This is inter­est­ing, because, being a copy-left licence, it com­pletely flaunts any under­stated “rights” of fair use in Aus­tralian copy­right law. I love it!

Just for the record, this web­site is licenced under a Cre­ative Com­mons Deed Attribution-Non-Commercial 2.0 licence. At this stage, that is obvi­ously based upon the US (Inter­na­tional?) ver­sion, how­ever the Aus­tralian ver­sion is in progress, and I look for­ward to being able to replace (or at least aug­ment) the exist­ing licence with one more applic­a­ble to the major­ity of my audi­ence (as I write this, well over 70%).

Please please please let me know if I’m amaz­ingly wrong in any of this. Even if I’m just a lit­tle bit wrong. Copy­right law is one of the few aspects of the same that actu­ally inter­ests me, or that I care to edu­cate myself about. I believe in the (some­what unfor­tu­nate) neces­sity of law in our soci­ety; fur­ther, I believe in the need for peo­ple to be informed for this to be effec­tive to any degree. Cor­po­rate police (chances are the link will be down, depend­ing on the day of the week, and how much of the Inter­net com­mu­nity is enraged at that point in time) should not exist, nor should they need to exist. Copy­right and Intel­lec­tual Prop­erty law, if imple­mented effec­tively, should negate the need not only for enforce­ment, but for the exis­tence of such bod­ies altogether!

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posted on Sunday, November 14th, 2004 at 12:01 pm by Josh, filed under Open Source.

One Response to “Creative Commons Australia”

  1. Stuart says:

    I guess i’ll switch over to the CCau license when it comes out. Thanks for the infor­ma­tion Josh. I doubt i’ll pay atten­tion to CC, but can you write a fol­low up post when the com­pleted CCau license is com­pleted? Just to kinda inform us of the com­pleted license.

    That request makes you sound so used ;)

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