Kat Walsh
2013-04-17 22:57:57 UTC
Greetings! I think this is my first time posting to this list, so as a
brief introduction for those who haven't seen me flooding their inboxes
yet, I've been working in the CC legal team since last June. One of the
things I'm focusing on is the legal impact of CC's tech projects, so you're
likely to see more from me in the future.
As we are preparing for the publication of 4.0, there are a few
implementation details that we would like your feedback on. The rest of
this message was also posted to the affiliates, and some of the questions
and descriptions are directed primarily toward them; however, your input
both as a development community and as people aware of how CC's tools are
being used would be really valuable on some of these questions.
----
The first part of this message describes an idea we're considering about
changing the way the legal code is maintained, and asking how (if it all)
it would affect you. In the second part, we want to know which parts of the
published licenses you expect never to change after publication.
CC has promised that once the legal code of a license has been published,
it will never change, and this is a practice we will continue with 4.0.
Doing this allows people to rely on a single version, without having to
monitor for changes that may affect their understanding of the license.
Currently, when a license is published, the official version is the HTML
file as published on creativecommons.org. For example, for BY-SA-3.0
Unported, the official version is located at
http://creativecommons.org/licenses/by-sa/3.0/legalcode. We are considering
an idea to separate the legal code from the non-legal code elements of the
web page more cleanly, and have the part that is the legal code itself be
in a separate file that will never change, while the HTML version may
change elements (such as page navigation) that are not actually part of the
legal code.
If we were to do this, the legal code would be maintained in a separate
file from the HTML, in a format that maintained all of the essential
information. For example, formatting such as bold or italic text that has
legal significance, section headings, etc., would all be considered
essential and part of the legal code itself. This legal code file would
likely be maintained using Markdown[1], or something similar to it.
The web page with the licenses would be generated from this legal code
file, by converting it to HTML and adding non-legal code formatting, text,
and navigational elements. However, since the legal code file would not
have to be touched, it would be impossible to accidentally make a change to
the legal code itself by changing other elements of the page.
Ultimately, the experience of almost all users of the license would be
exactly the same: they would see a CC license applied to a work, and click
through to a page that looks exactly like the current page. The experience
for affiliates would differ. During the translation process, affiliates and
translation teams would be editing the legal code in its new format, rather
than an HTML file. (The markup would probably be simple, but it would still
be different.) CC HQ would also be editing and commenting on these files.
Additionally, informed license users who wished to rely on the unchanging
legal code would be able to find it and know that it would always remain
stable.
In general, CC doesn't want to disrupt existing processes without reasons
that justify that change, and we'd like to hear whether this would be true
for you. Some pros and cons we've identified:
*provides a unchanging file containing all of the essential elements of the
legal code
*makes a clean separation between the actual legal code and the way it is
displayed
*adds some complexity to the development process
*introduces some changes to the editing and translation processes,
including a different format for the legal code
Questions we'd like feedback on:
1. Do you think this would be worthwhile?
2. Would it make translation and editing more difficult for you and your
teams?
The second part of this, which is important for us whether or not we pursue
the first proposal, is that we would like some input on what, exactly, must
stay the same, and what may change. For example, it should be clear that
the actual text contained in the license is part of the legal code, and
therefore it must be kept exactly as is. It should also be uncontroversial
that the navigational elements on the page (directing viewers back to the
deed, for example) are not part of the legal code, and may be changed.
However, we would like to start thinking about elements that are less
certain--and in particular, we want to be able to say for certain what is
part of the legal code and what is not, and we need to settle that question
in collaboration with you, as community expectations around our commitment
not to change the legal code are extremely important. (For example, is it
allowable to add navigation boxes to legal code pages that link to other
translations of that legal code? As translations of CC0 are progressing,
this is not a purely theoretical question!)
Do you already have expectations about what is part of the legal code and
cannot change, and what is not? Which elements do you think should be able
to change, and which should not?
We really appreciate your input on these questions.
Thanks,
Kat
brief introduction for those who haven't seen me flooding their inboxes
yet, I've been working in the CC legal team since last June. One of the
things I'm focusing on is the legal impact of CC's tech projects, so you're
likely to see more from me in the future.
As we are preparing for the publication of 4.0, there are a few
implementation details that we would like your feedback on. The rest of
this message was also posted to the affiliates, and some of the questions
and descriptions are directed primarily toward them; however, your input
both as a development community and as people aware of how CC's tools are
being used would be really valuable on some of these questions.
----
The first part of this message describes an idea we're considering about
changing the way the legal code is maintained, and asking how (if it all)
it would affect you. In the second part, we want to know which parts of the
published licenses you expect never to change after publication.
CC has promised that once the legal code of a license has been published,
it will never change, and this is a practice we will continue with 4.0.
Doing this allows people to rely on a single version, without having to
monitor for changes that may affect their understanding of the license.
Currently, when a license is published, the official version is the HTML
file as published on creativecommons.org. For example, for BY-SA-3.0
Unported, the official version is located at
http://creativecommons.org/licenses/by-sa/3.0/legalcode. We are considering
an idea to separate the legal code from the non-legal code elements of the
web page more cleanly, and have the part that is the legal code itself be
in a separate file that will never change, while the HTML version may
change elements (such as page navigation) that are not actually part of the
legal code.
If we were to do this, the legal code would be maintained in a separate
file from the HTML, in a format that maintained all of the essential
information. For example, formatting such as bold or italic text that has
legal significance, section headings, etc., would all be considered
essential and part of the legal code itself. This legal code file would
likely be maintained using Markdown[1], or something similar to it.
The web page with the licenses would be generated from this legal code
file, by converting it to HTML and adding non-legal code formatting, text,
and navigational elements. However, since the legal code file would not
have to be touched, it would be impossible to accidentally make a change to
the legal code itself by changing other elements of the page.
Ultimately, the experience of almost all users of the license would be
exactly the same: they would see a CC license applied to a work, and click
through to a page that looks exactly like the current page. The experience
for affiliates would differ. During the translation process, affiliates and
translation teams would be editing the legal code in its new format, rather
than an HTML file. (The markup would probably be simple, but it would still
be different.) CC HQ would also be editing and commenting on these files.
Additionally, informed license users who wished to rely on the unchanging
legal code would be able to find it and know that it would always remain
stable.
In general, CC doesn't want to disrupt existing processes without reasons
that justify that change, and we'd like to hear whether this would be true
for you. Some pros and cons we've identified:
*provides a unchanging file containing all of the essential elements of the
legal code
*makes a clean separation between the actual legal code and the way it is
displayed
*adds some complexity to the development process
*introduces some changes to the editing and translation processes,
including a different format for the legal code
Questions we'd like feedback on:
1. Do you think this would be worthwhile?
2. Would it make translation and editing more difficult for you and your
teams?
The second part of this, which is important for us whether or not we pursue
the first proposal, is that we would like some input on what, exactly, must
stay the same, and what may change. For example, it should be clear that
the actual text contained in the license is part of the legal code, and
therefore it must be kept exactly as is. It should also be uncontroversial
that the navigational elements on the page (directing viewers back to the
deed, for example) are not part of the legal code, and may be changed.
However, we would like to start thinking about elements that are less
certain--and in particular, we want to be able to say for certain what is
part of the legal code and what is not, and we need to settle that question
in collaboration with you, as community expectations around our commitment
not to change the legal code are extremely important. (For example, is it
allowable to add navigation boxes to legal code pages that link to other
translations of that legal code? As translations of CC0 are progressing,
this is not a purely theoretical question!)
Do you already have expectations about what is part of the legal code and
cannot change, and what is not? Which elements do you think should be able
to change, and which should not?
We really appreciate your input on these questions.
Thanks,
Kat
--
Kat Walsh, Counsel, Creative Commons
IM/IRC/@/etc: mindspillage * phone: please email first
Help us support the commons: https://creativecommons.net/donate/
CC does not and cannot give legal advice. If you need legal advice, please
consult your attorney.
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Kat Walsh, Counsel, Creative Commons
IM/IRC/@/etc: mindspillage * phone: please email first
Help us support the commons: https://creativecommons.net/donate/
CC does not and cannot give legal advice. If you need legal advice, please
consult your attorney.
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