[ox-en] rethinking licenses
- From: "Franz Nahrada" <f.nahrada reflex.at>
- Date: Wed, 23 Nov 2005 22:10:42 +0100
Dear oekonuxis worldwide,
the following is an interesting letter that Andrius Kulikauskas sent out
today.
You might give him suggestions and ideas using his coordinates at the end.
Franz
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Hello to all,
I have an online laboratory, Minciu Sodas, http://www.ms.lt for
independent thinkers. Some of our participants and allies have genuine
innovations in software design and ecological technology.
I would like to ask for help from Creative Commons or the Electronic
Frontier Foundation to think through legally how to license technology
so that human beings could use it without restriction but corporate
entities would have to get permission.
We have inventors who would like to share their technologies widely for
people to use without restriction. They understand that they will not
be hurt, but rather may find ways to benefit from sharing. However,
their sense of fairness is violated if somebody profits inordinately
from their work without sharing such profits.
I think that distinction between "commercial" and "noncommercial" is not
helpful. If we want people around the world to be "self-sustaining",
then we need to encourage commercial application and not tax it with
requirements of asking for permission.
Instead, I propose to make the distinction between "human" and
"non-human" (= corporate entities). Our economy has evolved to allow
for and favor non-human business entities. The sole purpose of these
entities is to limit liability. The resulting entities have unfair
advantages - they have all the rights of humans, but none of the moral
responsibilities. I find it helpful to think of them as the modern
equivalent of Biblical "demons" or Islamic "genies".
How difficult would it be to define patent licenses such that:
* humans could use the patented technology without restriction
* corporate entities would have to get permission (and the patent holder
may require them to pay a licensing fee)
There are some details, but I think the key distinction is the issue of
"liability". Corporations (but also many non-profit organizations) have
limited liability. This is what gives them a competitive advantage over
humans. I think it's fair to assume that they don't have a concept of
"a higher vantage point" that goes beyond them, and so it is reasonable
that humans make such decisions for them regarding the bigger picture
that may be involved. Whereas one might reasonably choose to believe
that other humans should use their own best judgement. That is why I
think this is a helpful place to draw the line regarding asking
permissions.
For example, the individuals within a corporation would be free to use
the technology. But any time the corporation wants to use it as its own
asset (for example, as a tool, or in its products or services) then it
would have to make sure that it had permission.
The result I expect is that inventors could earn large amounts of money
from licenses to corporations while at the same time contribute to a
vibrant commons for all individuals. Also, individuals within a
corporation would grow stronger, and the shared technology would help
tear down the corporate wall which keeps individual innovators from
offering their services. The human-friendly technologies would open up
conversations that could make Cluetrain a reality. Our "human commons"
might circumscribe corporations, make them more livable, and generally
"tame" them so that they serve us, rather than we serve them.
I think that a proprietorship should be considered an individual because
the owner (or owners) has full liability. I'm not sure, but I would
imagine that governments likewise have full liability, and so they would
qualify as individuals.
In my experience, non-profit organizations are dysfunctional in much the
same ways as corporations, and they have unfair advantages compared with
personal initiatives.
Could you help us work this out legally? I have discussed this with one
inventor who would like us to proceed in this way.
I'm also curious if there are others who might like this approach.
Thank you!
Andrius
Andrius Kulikauskas
Minciu Sodas
http://www.ms.lt
ms ms.lt
[PHONE NUMBER REMOVED] (5) 264 5950
Vilnius, Lithuania
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