Recently, questions of licensing are being discussed more and more often, probably due to the closure of certain resources and confusion about how to live on.
First of all, it is necessary to recognize that the GPL and other licenses exist and, although they are not a legislative norm, still declare certain moments of interaction between people, in particular, determine the authors and consumers of intellectual work. And when the author is not responsible for the damage, then the framework for using the program for unlawful purposes is often not defined.
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It is unlikely that someone can force people not to violate the rights of other members of society, yet it is necessary to remember that our country has joined the WTO and some of the international rules already apply in the domestic market and this is a reality that needs to be considered. The legal aspect of a citizen’s actions may already be considered in the context of international relations — therefore, new restrictions and rules are being introduced.
At first I thought to write a charter for pro-ramists, then I decided that no one needed it, because no one would read. Recently, 3 more open licenses of OAL, EFML, Free Artist were being mastered - I didn’t find one point in all - a ban on personal enrichment and a ban on using a resident, country of residence or violation of international norms defaming the author in violation of the law.
Many people say that they are free to do what they want, but this should not violate the freedom of other people to do the same and that is why there is jurisprudence and the right as such.
Some propose not to prohibit, but on the contrary, fully disclose and even legalize - Legalize-it! - I will say no, it is impossible, because if someone violated other people's rights, then such content cannot be offered in any form. Since this is an economic mechanism (trigger) for other participants, this is actually dumping and this technique is forbidden in the economy, as it can cause imbalances in relations with other market participants, and this means that the price for yield and product protection becomes several times higher than the product itself. Because it is necessary to protect - it is necessary to develop technologies - it is necessary to introduce verification servers - it is necessary to maintain lawyers - it is necessary to maintain personnel for those support - all this increases the price of the final product and this is understandable.
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If we assume that programmers do not bear any responsibility, do not provide any support, do not continue the development of the product, then in the absence of source codes and their resolution, it is pointless to try to distribute this product because it is a dead end branch of development, because you have to write crutches or rewrite everything anew. And if the development goes and the license is closed, then there is no point in violating the established rules, because otherwise the development will stop. Take the allods - users did not pay enough to develop the product, they merged it and turned on such a donat that only those who pay started to play - a good product went for a penny.
Someone says that prices are not fair or not deliveries, there is no Russification - but those same legal aspects and Russification itself actually cost some money, according to the law it was generally impossible to sell products without a Russian name or without translation. To make a high-quality translation is worth some effort, protecting the rights of authors and producers often costs more.
Therefore (I know that for many I am odious) I thought of a few rules, they should be simple and clear, like for example CC-by-NC-SA.
- If the author has indicated a license, then you are reading it and observing it, regardless of your knowledge of the original language of the license, if you are not able to read it - do not use it.
- Do not use products for unauthorized purposes or by law.
- The presumption of innocence works only for respectable citizens, therefore it is necessary to answer for violations, and it is better not to violate.
- Respect the contribution of other people to the development of mankind.
- Freedom of use, like freedom of speech, means acceptance of the rules and obligations established by the author (or society).
Someone will say that intellectual work and products cannot have a high price and therefore do not need to pay the author every time for each copy.
The brain is not a boob, if you do not harden for a long time. The cost of intellectual work actually includes not only the development of the individual and his contribution to his own intellectual development, but also the entire information development of mankind and all the energy consumed, since the multi-factorial system of influencing people's consciousness is not so simple as nailing and even the invention of the wheel has weight, not to mention the differences in language and alphabet.
Here, an interesting option was offered quite recently - to redeem rights from authors at the state level. After all, the state is the very society that needs progress and informatization, in the case of books, there are public libraries, and patents should appear somewhere. The GPL is a public license and generally does not need a patent, since the code is immediately available, but I would include item 2, as well as determine the payment methods for public licenses from states and prohibit companies from acquiring public rights so as not to It turned out as happened with mysql.
The economic basis can be the issuance of shares (certificates, licenses) for a product issued by an open fund, which could distribute state subsidies and stimulate the development of authors not only in programming, but also culture, maybe chemistry, physics - now there are funds of companies and government, but how much do they support? 2-3 percent.
With closed source codes and programs, there are incubators in general, venture capital funds, which immediately form a certain responsibility, each has its own policy, including on monetization, interest, development conditions, licenses and jurisdiction, now interesting moments occur in contact for example.
But many companies use open source servers and few of them disclose the source code for the community, just as few of the writers publish all the books and articles they read - and this is spelled out in gpl, which means you need to specify the authors and the software used.
From here you can suggest the creation of a page with “thanks” and a full description of all the materials used and open products, while for licensed products purchased, you can not specify this. That is, if I am writing in the emaksus under Linux from dew, then I can say this and, in general, I must say, but in general this page should be in my profile, and I can leave out some of the information personally, since I myself participated in debbage, that is, I have my personal contribution. - this is to point 4.
on point 5, everything is simple - do not break it and you will not be judged. in an information society - time and place can be more valuable than information itself, therefore the price of certain products can correspond to time, which increases due to its use - human development depends on this very seriously, so that the decisions are not only correct, but at least on time, however, violations of some rules may lead to violations in others and the price of accelerating development will result in unexpected situations, since, say, quantum uncertainty is violated.
it is impossible to steal in the same way as to kill, since one will most likely lead to another - this is a simple connection that needs to be realized.
When someone wrongly takes one product and does not use another, then let's say in our open fund it turns out that some of the products do not get votes and its authors do not receive anything, although their product was designed for a specific audience initially ...
These connections seem to be suspicious, but in our world everything is not at all chaotic and one of the human roles is to organize, be aware of their actions, interpret the rules that are already established in nature, because their violation will lead to certain consequences, just as in society people are quite interconnected and perform certain roles, when someone does not fulfill their role, then there is a certain imbalance, provoking changes.
Those rare copies of books and programs that are very necessary for certain individuals should in fact fall into the general custody fund with the consent of the authors or copyright holders and, in general, are already defined by law, as the terms of copyright to certain products of intellectual property, it is possible to provide for legislative terms for digital rights. products, maybe we should distinguish between art and consumer products, introduce categories for mass media products, regulation in scientific developments can be one of the leading ravovyh resources in this area. But in general, I am in favor of moving away from analogs, since this is not the analog world, then on the whole, one must of course use the rules of quantum physics. ' )
output from comments:
if the author is unwilling, he may prohibit illegal actions through his materials, since first of all, you must take care of the society in which you are, that is, do not harm your actions, as well as with the GPL you must inherit all existing rules on the product being developed and if there is a conflict of interest in the sphere of freedom of expression, etc., then in all respects, the civil code will be preferential, if it’s not, and in the first place it will threaten the author as the actual product developer or system and if there was no conscious motive, then the author should not be responsible for the actions of someone, if does not support this position and the society itself also does not support the violation of established norms.
that is, being in a social environment - you are obliged to follow the rules established by law and the moral is:
all are equal before the law and the law is one for all.
The principles of freedom of speech do not at all imply a violation of the rights and freedoms of other citizens, and, moreover, do not allow insulting, perjury, and other means to violate the laws of the state - this is the essence of the amendment, refusing to facilitate actions that violate the laws.
Responsibility of their own and their neighbors for actions to realize you need a young Padawan.