Re: [libreplanet-discuss] The FSF Allows No Derivatives,

[rysiek]

Dnia niedziela, 26 kwietnia 2015 09:43:06 Giuseppe Molica pisze:
> > I certainly did not say that -- I think someone misunderstood and
> > got it backwards.
> > 
> > The problem with translation is that if it is not done right
> > it has the effect of altering the point.  A license that
> > permits anyone to translate a work has the effect of permitting
> > anyone to alter its position.
> > 
> > If there were a way to permit only correct, clear translation,
> > I would permit that -- but there is no realistic way to assure
> > that a translation is correct.
> > 
> > See http://gnu.org/philosophy/copyright-vs-community.html for my views
> > about modification of non-functional works such as art and opinion.
> 
> I agree with Dr. Stallman.
> Someone could misunderstand what the author was
> thinking while writing, or saying, that part he's translating, and this
> means that in the translated copy that misunderstanding become the author's
> point of view. And, IMHO, this is unacceptable.

Problem is -- and this very discussion shows it *very* well -- that even with 
such restrictive license put on "works of opinion" (I do not subscribe to the 
view that this distinction is relevant, but let's work with that), views *are* 
misunderstood.

So, the license does not fix this problem, at all.

> This is not a problem with "technical" works, for example manuals, but
> it is with all the opinion papers, or talkings; words are more powerful then
> guns, so it's very important to use them correctly.

I can't help but notice that this very thread started with mischaracterization 
of Dr Stallman's position, incidentally published under an -ND license. So 
again, licensing does not seem to solve this problem.

Again, this is not to say that misunderstanding and mischaracterisation of 
opinions are not a problem at all -- they are, and an important one at that. 
But Copyright and -ND (and similar) licenses are not the correct tool for 
solving this.

Even with CC By or (my license of choice for my "works of opinion" and any 
other) the copyleft CC By-SA, authorship has to be clearly attributed, 
including that of derivative works (as in: a derivative work is *not* what the 
original author authored, this has to be made clear, according to the 
license).

On the other hand, people can and do misquote or misattribute opinions and 
quotes, regardless of copyright law and licenses.


Non-free, -ND (and similar) licenses do *not* solve the problem you and Dr 
Stallman want them to solve; and they have a measurable negative effect on the 
whole libre culture sphere (by enabling diluting/openwashing what libre 
culture or libre-licensed content actually mean).

We can find an analogy in software licensing sphere in JSON Public License:
https://www.gnu.org/licenses/license-list.en.html#JSON

Software developer might argue that they want users to use their software for 
"Good, not Evil", but we feel (don't we?) that this is a bit too far.


As far as translations are concerned, again, I feel the right way to go about 
is, is to ask for authorization of translation if one wants to claim it is an 
"official" translation; and on the other hand, insist that if anybody quotes 
me in a different language, it is taken from such an authorized translation.

I feel it much better preserves freedoms of all parties involved, while not 
losing any effectiveness as far as making sure that opinions are not 
mischaracterized.


And about the "work of opinion" distinction: art works by putting things in 
new context. A "work of opinion" at one time can become a "work of art" at a 
different time, just as a purely practical object can become a work of art if 
put in a different context:
http://en.wikipedia.org/wiki/Fountain_%28Duchamp%29

Or consider HaikuLeaks:
http://boingboing.net/2010/12/29/haikuleaks-cable-is.html

Artists sometimes use "works of opinion" to infuse meaning into their work; 
the simplest example could be an image of a US drone with a quote from a 
certain Nobel Peace Prize laureate.


I feel gratified when I see my "works of opinion" used in art or *as* art. And 
I feel no less frustrated by people misquoting my "works of opionion". Libre, 
copyleft licensing of my works fosters the former, and while it does not help 
curtail the latter, no license, even most restrictive, would be able to do 
this.

-- 
Pozdrawiam,
Michał "rysiek" Woźniak

Zmieniam klucz GPG :: http://rys.io/pl/147
GPG Key Transition :: http://rys.io/en/147

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