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Comment Re:But... (Score 1) 490

Try comparing something more clear-cut: murder rates: it is 4x higher in the US. So you tell me, if you believe your fictional statistic about 8x the violent crime in the UK, but only 1/4 as many people die, that means "violent" crime is 1/32 as lethal in the UK vs the US..

You also have to correct for other oddities, like the distinction between "Manslaughter" and "Murder" in some countries but not others, or how England and Wales primarily publish their "solved" homicide (convictions and similar) rate. If you kill somebody and get away with it, that death doesn't count in the UK.

The USA is not uniform, my home state has a lower homicide rate than the UK. And while America is touted as being socially and economically advanced, there are large areas which lag behind in these areas. If you don't discuss the violent crime rates of the European Union as a unified whole, why do so for the United States? Also, many US states have a higher non-firearm homicide rate than other nation's total homicide rate; even without guns, Americans manage to kill one another at a higher rate than in other countries.

Comment Re:Copyright owners (Score 1) 108

Did you get that in writing? If not, don't treat it as a gift. If you include it in the GPL code without explicit permission, you may taint the whole project. In fact, many people contribute to FLOSS and Open Knowledge projects with the explicit expectation that it won't be relicensed, and we refrain from contributing to such projects without those guarantees - so yes, there's a strong expectation that contributing to a GPL project is done under GPL terms and no others. The GPL was explicitly designed with that goal in mind.

You're not the copyright owner of content you didn't write, period. And if you didn't write it you can't relicense it without written permission. The FSF requests that contributors assign them their copyrights because of this very reason.

Comment Re:Copyright owners (Score 3, Informative) 108

You'd better as hell request an explicit permission to distribute the code from any contributor to your code base, and clarify in the post forms the conditions under which any contribution can be used.

what they actually did was contribute to a codebase - a codebase under my control, and one that I can slap any which license on that I like.

Utterly wrong. Under copyright laws, you can only relicense content that you created, or for which you've been given explicit ownership permissions; if Somebody gave you the code only under the original GPL and didn't assign copyright to you, in order to relicense the code you must first remove any such contribution, so that the result only contains the parts you wrote - otherwise, you'll break their copyright.

This is what is going on in both wikis - the only license under which they published their work at first was the CC-BY-SA (or CC-BY-NC for some Wikias), which is the reason for the sites becoming popular in the first place as many users wouldn't bother to contribute under more restrictive licenses; and neither site requested ownership rights until recently.

Comment Re:Assignment of copyright (Score 4, Informative) 108

TV Tropes Foundation NOW claims that contributors provide provide their contributions not under the License but instead under assignment of copyright

It does it now, but it didn't do it then. That's the core of the matter at both Wikia and TV Tropes. The large majority of both websites was only contributed to them under a Creative Commons license.

So either tvtropes is clueless,

TV Tropes is clueless. They made the license change because they discovered that someone had created a (partial) fork, and were outraged when they learned that they couldn't legally put it down. Since then, another fork has been created containing the complete content of the last version released unambiguously as CC-BY-SA in summer 2012, including all the content that was censored because of Google Ads. It's a fascinating story, really.

Comment Re:Why "clear commercial use"? (Score 1) 108

It depends on whether they plan to use this feature to sell more TVs.

Merely allowing the site to be accessed through the product features is not commercial by itself, but if the links are included by default in a prominent place (and we know they will), that counts as product placement and branding; and it can definitely be considered a commercial purpose - people pay money to that kind of placement.

Comment Re:CC-BY-NC are excluded (Score 2) 108

However, the "Commercial Use Waiver" still allows Wikia any form of commercial use for any derivative work.

There was in the Forum a proposal to change the wording and "make it clear that the scope and purpose of the waiver is for the placement of ads", however that clarification never arrived to the LIcensing page. What happened to those good intentions?

Comment Re:Copyright owners (Score 3, Informative) 108

Wrong. Since the website doesn't have permission under copyright law to use the content, the only thing that allows Wikia to publish content they didn't create is the license under which editors have given them such permission. Users *are* licensing the content to the service under the CC-BY-NC license - they're contributing to a derivative work published under that license, so the combined work must be under the license per the terms of the CC.

So the "willingly giving" of content was provided under a very specific license, which is the reason why many users bother to contribute at all. Not honoring the license is not only morally wrong, it's also illegal.

Submission + - Wikia and SONY playing licensing mind tricks

TuringTest writes: Popular culture website Wikia originally hosted its user-contributed content under a free, sharealike Commercial Commons license (CC-BY-SA). At least as soon as 2003, some specific wikis decided to use the non-commercial CC-BY-NC license instead: hey, this license supposedly protects the authors, and anyone is free to choose how they want to license their work anyway, right?

However, in late 2012 Wikia added to its License terms of service a retroactive clause for all its non-commercial content, granting Wikia an exclusive right to use this content in commercial contexts, effectively making all CC-BY-NC content dual-licensed. And today, Wikia is publicizing a partnership with Sony to display Wikia content on Smart TVs, a clear commercial use.

A similar event happened at TV Tropes when the site owners single-handedly changed the site's copyright notice from ShareAlike to the incompatible NonCommercial, without notifying nor requesting consent from its contributors. Is this the ultimate fate of all wikis? Do Creative Commons licenses hold any weight for community websites?

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