I’m an implementer, tool builder, technologist; but that shall not preclude me from working on the human system side as well. Sometimes some of our tools will process data that happen to be human expressions. Today, whatever capability the tool might provide and if it is the most amazing ever imaginable, there can’t be any hope of meaningful improvement on the tool or human system side in such cases as copyright law can easily render it completely void. There’s much to write about the damage the print-era copyright law does to the digital world, but even the hypertext community seems to not care at all about the human system side in that respect. It’s no coincidence that we have no other choice than starting from scratch with our poor attempts to build another new hypertext system as most of the earlier work is unavailable, unusable or lost for legal reasons and I’m not aware of a single theoretical work that wasn’t published under the traditional publishing paradigm. Sure, the general availability of digital computers and networks are a fairly new development (we remember a time in our lives where there weren’t any), so the early computer/network pioneers didn’t have to deal with this issue as the technology itself built by them has no inherent recognition or support for copyright law that was designed to regulate the publishing industry. Even with our recent attempts, I have no legal permission to use anything published on jrnl.global except my own stuff. There’s absolutely no point in developing collaborative hypertext capabilities like a shared journal if we lack the most basic human system side policies that make it shared. There’s absolutely no point in curating work if it can disintegrate or disappear at any time. I don’t need the submissions to an institute to hold a monolog. What follows is a practical description of how copyright prevents collaboration.
For my Personal Hypertext Report #6, I made a screenshot that contains portions of Frode Hegland’s “jrnl launch meeting announcement (for Friday 24th of August 2018)” text. As the report primiarly covers actual issues of the existing posts on jrnl.global, it made sense to not only publish/distribute it via my own dedicated machine, but also to submit it to the FTI jrnl under Frode’s control. Sure, such practice is totally stupid because we don’t have a capability yet for both copies to share the same canonical identity, but what else do you do as long as nobody is working on such capabilities yet? So for the screenshot on the jrnl under Frode’s control, there is no legal problem because in the process of submitting, I gave permission to Frode to distribute my contribution to the screenshot, while Frode already has the permission to distribute his own contribution to the screenshot of course. Now, I also want to distribute the screenshot including Frodes contributions to it myself, be it via the dedicated machine(s) under my own control or in print, for which I need Frode’s permission, and that’s not only for me personally. Furthermore, I want to invite my visitors/readers/users to distribute my part of the work as well (for backup/posterity reasons), to create derived works, to distribute the derived works and to use all of that for whatever purpose (the four essential freedoms of libre-licensing). As the screenshot can’t be separated into Frode’s contribution and mine without disintegrating or destroying it, it’s up to Frode to consent or object to my plan of giving everybody blanket legal permission to do their own computing, reception, curation and publishing in freedom, sovereignty and independence as the technology easily enables them to – so I intend to remove the legal prevention and risk as well to realize the full potential of what digital can offer. Therefore, a non-transferable permit limited to me personally wouldn’t do.
I could argue that the screenshot is a new work/interpretation with its own new copyright, it could also be seen as derivative work. If so, I would license it under the GNU Affero General Public License 3 + any later version (without having really investigated what it means for works that aren’t software) and also the Creative Commons Attribution-ShareAlike 4.0 International (despite it doesn’t have a trusted path of upgradability). Why do I pick these two licenses? Simply by looking around which ones are most protective of users rights/freedoms, what features they offer in service to that. These licenses are not perfect, but the best we can do for now without violating the law, as we can’t change it nor afford to ignore it.
To be continued…