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Some Rights Reserved

Posted in Blog, June 29, 2006 | 15 comments
 
The actions of Dr. Lance Chambers, Scumbag got me thinking about this site, and the way in which content on it can be used. I, like (I imagine) many publishers, face a bit of a dilemma when it comes to licensing content for other people to make use of.

There are some things I mind, and some things I don't. It's difficult sometimes to think clearly about other people using content - when it's my own work being used, I am prone to let emotions affect my judgement.

Ultimately, I'd like to stop people like Lance selling my work, but make it easy for people like Brian Warren, Kim Evgeniy, Diego Eis and Dapuzz, among others, to produce their own work based upon mine (the people I just mentioned are among those who have created dashboard widgets, and translated the cheat sheets and articles).

After some deliberation, I have decided to change the copyright on this site. I am releasing all content under a Creative Commons License. This license allows people to use the content I've created for non-commercial purposes (anyone wanting to use it for commercial purposes, please e-mail me), as long as they give appropriate credit and release derivative works under an identical license.

I think where I have gone wrong in the past is I've looked at these issues on this site from my own perspective. What I should have done is look at things from the perspective of those who actually use and read the site - those people (yourself included, of course!) are the reason this site is here.

It is entirely possible that this decision may backfire. There is an argument that releasing work under a CC license potentially encourages others to use content but ignore the terms of the license. That said, if it encourages more positive uses of the content, then it's the right decision.
 

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George
United Kingdom #1: June 29, 2006
It is a real shame that Lawrence has made you do this at all. It is only right that you should protect yourself. I only hope this won't stop you doing what you do as there are a great many people on the web who really appreciate it.
Dave Child
United Kingdom #2: June 29, 2006
It won't affect how often I post here, or the content I do post. I enjoy it too much to be put off by what Lance did.

This is something I've thought about on and off for a while (and in fact, at one point all code was licensed under creative commons), and never really thought seriously about. Lance's actions did get me thinking about it the whole topic/idea again, but the final decision had nothing to do with him or his actions.

Ultimately, I can now worry less about what other people are doing with the content, and with any luck the CC license will encourage more people like those I mentioned to do more with it.
goozbach
United States #3: June 29, 2006
I for one am pretty fond of the Creative Commons License. My blog, which contains a bunch of techinal topics, like yours, has beneifited greatly from the CC license structure. I really enjoy the fact that I can encourage people to use my stuff.
Kevin Futter
Australia #4: June 30, 2006
I think you've made the right move Dave. It might not have any real practical effect, but at least the terms-of-use are there in writing, and people like Lance have one less defence, however feeble, for their risible behaviour. Good to see the story getting around too, as it can only help highlight the issue (and get Lance's name bandied around in the appropriate context!).
brian warren
United States #5: July 1, 2006
Well, whether it stops the baddies or not, I think it's a good move. I'm really glad you're not really too down about the whole thing, and I'm glad you still enjoy what you do here. Thanks Dave!
Brian
United States #6: July 24, 2006
Have you tried contacting eBay about this? If you explain to eBay that you own the copyright to the cheat sheets, and that this guy is selling it illegally on their site, they have to pull the auction. You usually have to word your email so that it follows the DMCA guidelines, but once that's done, they have to comply. I had a similar situation with a couple of sites selling essays. I have a few Shakespeare play summaries on one of my sites (shakespearenet.net) and the essay sites were selling my summaries word for word. One email with the DMCA wording and it was removed.
Brian
United States #7: July 24, 2006
Just noticed your from the UK, so I'm not sure that the DMCA will do you any good. However, I would still email eBay about it.
Kevin Futter
Australia #8: July 30, 2006
eBay was contacted by both myself and Dave, so that end has been dealt with. I don't know if Dave ever heard anything from eBay, but I only ever received the auto-generated reply. Any more updates Dave?
Dave Child
United Kingdom #9: July 31, 2006
Yes indeed, Kevin. I've updated the original article - Lance has voluntarily removed all cheat sheet listings. eBay, apparently, did nothing.
Thomas Finley
United States #10: August 1, 2006
Here's another guy selling your cheat sheets.

I've notified eBay and sent the person an email.

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=150015959381&sspagename=ADME:B:AAQ:US:1
Dapuzz
Italy #11: February 21, 2007
Ops, i missed this post :)
Thanks for the link (even if now is outdated)
Randy Syring
Unknown #12: April 3, 2007
Dave,

How does this license affect being able to use code on this website in jobs that people are paying me to do (i.e. commercial work)? Does the license restrict the use of the code in that scenario when it is a small part of a much larger work (I am thinking of the ASP date formatting functions specifically)?

Thanks.
Dave Child
United Kingdom #13: April 3, 2007
My understanding of this type of CC license is that with your example, which I would think would fall under commercial use, it means that you do not automatically have permission to use the content. That doesn't mean it's not allowed, but does mean you should probably email me before using it.

I don't mind how people use the code on the site, as long as they're not reselling it or passing it off as their own work. It's there to be used. The non-commercial part of the existing licensing is intended to prevent people selling the cheat sheets.

Actually, this issue might require a little more thought on my part. Rather than a blanket license, perhaps I need to be more specific.
Randy Syring
Unknown #14: April 3, 2007
Dave,

I would imagine that most of the people who visit your site and look at the code are going to be involved in some kind of commercial venture. Either they are employees working for a for-profit company or they are business owners/contractors working directly with customers.

Just a thought.
JB
France #15: June 27, 2007
Good luck Dave, your sheet is appreciated. Still can't do what I wanted to do, but can do some other things I couldn't before.
JB
 

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