[P2P-F] Under construction - a faq on the copyfair license

[Michel Bauwens]

Please feel free to contribute to the page here at:
https://docs.google.com/document/d/1scsEb-3XWiqGG_Mf93JjtB37_7Msjj4M4PYuO1XazIE/edit#




As agreed with stacco and primavera in a skype, I will try to create a
basic document for discussion on the principles and need for the copyfair
faq.

I’m starting with a set of questions, please add yours!


Stacco, it would help me if you can prompt me to continue answering a few
questions each day,


first, please add questions, then, please check the first answers,


Note to others, this is not the place to question the existence of a
copyfair, but for those who agree that it is needed and discuss how it is
to be done,


Michel


The FAQ

What is the Copyfair License ?

The copyfair license is the name we give for a new type of license based on
stronger reciprocity.

The existing mainstream open license that creates a commons, the General
Public License, is based on a ‘general reciprocity’ model. Each person has
the right to use the code, but any changes to it must be given back to the
code base so that other people can continue to use it and the commons can
continue to grow. The code base can also be used by persons and companies
that do not contribute to the commons, i.e. without such reciprocity. In a
license with a strong reciprocity requirement, this is strengthened in the
following way: anybody can use the code base of the license, but persons or
companies that want to make profit without making any contributions, need
to make another contribution to the common effort, for example by paying
for the license.

The copyfair license does not restrict any usage of the code base and
maintains the rights and freedoms enshrined in the GPL-type commons
licenses, but it restricts profit-making on the basis of common work
without any contribution.


Why is it needed ? What it is for ?

The dominant free software licenses allow any person and company to use the
code base, without asking for any specific reciprocity. This allows huge
multinational companies that do not necessarily contribute to the commons,
to use this commons for profit-making. This may not be seen to be a major
problem in software production itself, where the barriers to entry and
participation are low, and the companies may be seen to contribute to the
network effect by enlarging the user base. However, in the case of for
example design, which is to be used in physical manufacturing, this means
that investments are needed in workplaces, machinery, and wages, such a
for-profit usage may be seen as extractive by  the players who do invest in
such production facilities. In practice we see that most of the open source
economies are indeed dominated by for-profit entities, which may or may not
contribute to the commons. Another example would be a traditional
indigenous community involved in medicinal herbs. With a traditional open
license, it may retain the knowledge created by their commons, but
certainly the economic activities will still be taken on by firms who do
not necessarily practice profit or benefit-sharing.

So the essential issue addressed by the copyfair license is to insure fair
conditions of value creation and distribution. The commoners / contributors
who are contributing, investing in commons-based peer production can insure
that the value of the common work is not extracted without any reciprocity.


How does it relate to other licenses ?

The Copyfair license endorses and maintains the free software freedoms
enshrined in the GPL, but restricts profit-making potential by a
reciprocity requirement.

Unlike the Creative Commons Non-Commercial license, the Copyfair does not
restrict the creation of an economy around these commons.

Unlike the Copysol (= solidarity) license developed by Solidarius, the
Copyfair license does not restrict usage by for-protit entities, but only
requires a reciprocal contribution.

Copyfair extends the user base of the Peer Production License, the first
example of a reciprocity-based license, by not restricting usage to worker
coops.


Who is it for ?

How can it be enforced ?


Does it restrict freedoms guaranteed by other licenses ?

What are the potential benefits ?


What are the potential drawbacks ?




How can reciprocity be defined ?


What kind of entities can use the Copyfair commons ?


What kind of entities cannot use the Copyfair commons ?


-- 
Check out the Commons Transition Plan here at: http://commonstransition.org


P2P Foundation: http://p2pfoundation.net  - http://blog.p2pfoundation.net

<http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation>Updates:
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#82 on the (En)Rich list: http://enrichlist.org/the-complete-list/
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