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Re: [holistichelping] Communia workshop "Ethical Public Domain: Debate of Questionable Practices"

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  • ERIC WANJAMAH
    Samwel, I share in your sentiments about visa issues for Africans and indeed most of developing nations. Having been in a Western country for an year now, I
    Message 1 of 5 , Aug 7, 2008

      Samwel,

       

      I share in your sentiments about visa issues for Africans and indeed most of developing nations.

       

      Having been in a Western country for an year now, I have witnessed the problems that the Swedish government is facing for example as a result of illegal immigration. The burden created on the fiscal policies and the associated social economic problems.

       

      I now understand more than ever before the requirements for social economic ties for non immigrant visa applicants. Sadly, the restrictions come from the bad precedence set by those who receive visas and fail to return home.

       

      Until a time when we develop our economy to be at par with the developed nations, when there is no suspicion that visa applicants are escaping social economic challenges, when existing opportunities equal those of other countries, only then are the visa rules likely to ease.

       

      The US from this month is implementing the visa waiver program http://travel.state.gov/visa/temp/without/without_1990.html for selected countries. Wouldn't it be wonderful if our Kenyan leaders live to the stipulations of the national accord, vision 2030 and accelerate development while curbing corruption, tribalism, nepotism and other 'isms so that Kenya in a few years receives a visa waiver status and Kenyans can leap the benefits of global contacts and networks?

       

      Only time will tell...



      ----- Original Message ----
      From: Samwel Kongere <jambita1@...>
      To: Mendenyo Men-denyo <mendenyo@yahoogroups.com>; Global Villages <globalvillages@yahoogroups.com>; Holistic Helping <holistichelping@yahoogroups.com>
      Cc: learningfromeachother@yahoogroups.com
      Sent: Thursday, August 7, 2008 11:11:32 AM
      Subject: [holistichelping] Communia workshop "Ethical Public Domain: Debate of Questionable Practices"


      Hi Andrius,

      Although, i did not attend the Vilnius COMMUNIA workshop, I am sure Ken Owino attended on behalf of those of us (Africans) who failed to get Visas for the workshop, I wonder why i can't see his name somewhere? Great thoughts were highlighted; I am working on an individual thinking piece now on easy travels and and social interaction, Why are Africans denied Visas for such great opportunities and so much restriction on travels while even animals have their own Eco-System calender?, In Nature Kenya, even animals have their own calender for movement, the wild beasts migrate to Serengeti Park in Tanzania from Masaai Mara national park in Kenya every year? the animals take four months away and come back to their habitat annually? and this is one of the wonders of the world. Why are we (Africans) put in nutshells without movement to get exposure? Can these and many more be discussed at the public domain ethics?. To me this has denied us exposure Socially and Economically? If the travel documents are valid why the restriction, then?

      I am all the time thinking, because many "whites" come here and go from here and extend their stays; longer?. We denied opportunities and this is why we are not progressing in development! .

      Please!! am free to discuss this anywhere, if there is time? Once, you told me, how you were not allowed to contribute at the summer source, and you spent alone night somewhere; why don't the Public domain ethics you organize fail to address these!!!, if we are all human for humans, as Thomas puts it? Or the Public Domain is a theory not practical?. This can make me think of the 'animal farm' novel I had in my secondary school literature., that all animals are equal except those on two legs!.

      I may finish this year thinking and thinking! but no appropriate answers!
      Call me,
      Samwel.
      ms@... wrote:

      We're preparing the proceedings for the COMMUNIA Spring 2008 workshop. I
      share my introduction. I appreciate our thoughts looking back and looking
      ahead. Andrius Kulikauskas, ms@...
      ------------ --------- ------

      Welcome to all who further our debates by taking up these Proceedings of
      Ethical Public Domain: Debates of Questionable Practices, the Spring 2008
      workshop of COMMUNIA held March 31, 2008 in Vilnius, Lithuania. COMMUNIA
      is the European Union's thematic network for the Public Domain.

      As organizer of this workshop, I wish to embolden you, the reader, to
      participate with vigor as we did at the workshop. I will clarify the
      context so that you may try to read between the lines, note what was said
      and unsaid, consider the personal, institutional and global situations,
      and appreciate the contribution of every participant. My wish is that you
      take up the thought that I and others, and perhaps you as well, do care
      about the Public Domain, about that commons for which there is no I or You
      or Other. I hope that Melanie Dulong de Rosnay's perspective and the
      remarkable dialogue by proponents, opponents, mediators and audience
      members will help you rise above opinions and judgments and up to the
      heights of principles, an Ethical Public Domain of “all for one and one
      for all”.

      In 2007, a team led by Juan Carlos de Martin and Andrea Glorioso of
      Politecnico di Torino won three years of funding from the European
      Commission to organize COMMUNIA, a forum that meets four times a year to
      foster the practice of the Public Domain and a vision that might inform
      policy throughout Europe. To my delight, Juan Carlos and Andrea have
      structured and shepherded this forum to allow for the possibility of
      fundamental change around the world. At our first meeting in September
      2007, I was able to share my thought that the Public Domain is not only a
      legal concept, but even more so, a culture and an ethics which might
      inform law if we recognized a human right to share. In January 2008,
      Séverine Dusollier spoke of a “positively defined Public Domain” to great
      approval.

      I authored the invitation to our Spring 2008 workshop to show how far this
      process might go.

      “The European Commission is funding the COMMUNIA thematic network for the
      Public Domain. A vibrant network may inspire European Union directives to
      the member states that they amend their constitutions so that the Public
      Domain has primacy over copyright. Imagine a world where creative works
      enter the Public Domain by default unless their authors explicitly mark
      them as copyrighted; where the creator of a derivative work can copyright
      only their own modifications and not the entire work; where the owner of a
      derivative work must make available any Public Domain works they use or
      their own work falls into the Public Domain; and where non-humans (such as
      corporations) are prohibited from owning creative works unless they are
      capable of creating them, and prohibited from managing creative works
      unless they show a moral sense of fair use that allows for more gray than
      black or white.”

      My goal was to encourage citizens inside and outside corporations to
      engage each other and cultivate standards for behavior, both ethical and
      legal.

      “We can create a world that favors the Public Domain if we engage each
      other as concerned citizens in thoughtful discourse. Our workshop is a
      series of friendly debates by which we engage those whose practices we
      question.”

      How can Google scrape so many websites and yet have Terms of Services
      which prevent others from scraping its own website?
      Why is there no market for used Microsoft software?
      Why is Flickr set up for use with Creative Commons licenses but not the
      Public Domain?
      Why does Wikipedia use the eight-page GNU FDL license which must be
      included in any excerpt?
      Why does Creative Commons define Public Domain as "no rights reserved"
      rather than "all use encouraged"?
      Why is the European Commission ready to extend the term of protection for
      related rights in sound recordings from 50 years to 95 years?
      Why does the COMMUNIA website use a Share Alike license which clashes with
      the Public Domain?
      Why is Minciu Sodas inviting corporations to sponsor debates like these?

      “We welcome all questions that help us explore how we might share creative
      works as co-creators and support a vibrant commons.”

      I structured the debates so that they would be as simple, constructive and
      inclusive as possible:

      “Ten half-hour debates will take place from 10:00 to 15:00 at the ELTA
      news agency press conference center, Gedimino 21/2, Vilnius, Lithuania.
      Each debate will include:”
      a 5 minute critique of a practice that hurts the Public Domain
      a 5 minute defense of that practice
      10 minutes of contributions from the audience
      5 minutes of mediation.

      “Debaters can present their arguments themselves in Vilnius, or ask
      somebody to present on their behalf, especially if they are not able to
      attend. Remote participants will also be included by video bridge.”

      I wasn't able to build any bridges across “the corporate wall”. The
      challenge is great and it was optimistic, as usual, for me to think
      otherwise. I was quick to offer that my Minciu Sodas laboratory organize
      the Spring 2008 workshop, the first outside Torino. It will take more
      time, though, to develop the relationships with corporate citizens. I do
      have hope for the future and wish to support such efforts. Our workshop
      was a show of good will and an informative experiment. We have taken a
      first step.

      Next time (and I hope there is a next time!) I would like to receive more
      statements from activists. We so often hear complaints, but who is
      willing to voice them? and to hear out the other side and seek a
      solution? I wish also that academics find ways, large and small, to
      participate as active citizens. Must those who are most educated be
      allergic to controversy? Thank you to all who came to our workshop where
      I hope that we were all as uncomfortable (or not) as each might wish!

      I was touched by the participation of ordinary citizens from around the
      world, many of them independent thinkers active at Minciu Sodas, for whom
      this was a rare occasion to meet, as they generally interact online. They
      were actually not so ordinary, indeed they are extraordinary given their
      work in January and February to organize a Pyramid of Peace of online and
      offline peacemakers to avert genocide in Kenya. They were also familiar
      with the Public Domain because, since 1998, all of the Minciu Sodas venues
      (discussion groups, wikis, chats) have been “Public Domain except where
      content explicitly notes otherwise”.

      Thank you to Pamela McLean, Maria Agnese Giraudo, Theresa Bakalarz, Eric
      Wanjamah, Markus Petz, Irena Buinickaite, Birute Railiene and all who
      helped us prepare the materials for the conference. Each proponent
      submitted a one-page statement which we distributed for all to read. Thank
      you also to Maria Teresa Medina Quintana for registering our participants.

      I organized the schedule so that we started with the topics most obviously
      relevant to COMMUNIA's mission, then expanded beyond Europe to include
      Africans and the developing world, and concluded with topics of local
      interest, switching back and forth between English and Lithuanian.

      I was the first proponent so that by my example I might share the kind of
      debates that I sought. This was my opportunity to state my own
      longstanding grievance with Creative Commons, that it promotes a legal
      alternative to the Public Domain, and I feel, reduces the Public Domain to
      a legal, irrevocable (and thus unreal), negative formulation “no rights
      reserved”, whereas I seek a Public Domain that is culturally vibrant,
      commercially viable, socially essential as the domain for our best
      creative works and the default for all creative works. I didn't quite say
      that so directly. Nor did I say, what I think is evident, that Creative
      Commons has made a wonderful impact on our popular understanding of the
      Public Domain and concern for copyright issues. I did get my chance to
      speak and then my chance to keep quiet and listen, which for me was much
      harder! I am very grateful that Prodromos Tsiavos (of Creative Commons
      England-Wales) and Tomislav Medek (of Croatian Creative Commons) agreed to
      be opponent and mediator. They spoke thoughtfully, but their “Yes”, that
      they were willing to participate, was the most important word that I
      myself heard, and what I wish for all debaters. Thank you very much to
      all of the Creative Commons members who came to meet in Vilnius a day
      early, who made sure our event was well attended, and who helped with our
      debates.

      Our proceedings include a summary for each debate, as well as biographies,
      the proponent's written statement, excerpts from the debates, and an
      occasional afterthought by Thomas Chepaitis, who wrote down our
      transcripts based on Zenonas Anusauskas's video footage available at
      www.internettv. lt and/or www.communia- project.eu

      Didzis Veinbergs launched our second debate with his concerns, as a
      publisher, regarding the publishing of Public Domain works.

      Andras Galamposi's critique of libraries and museums was a model of
      constructive controversy.

      Stef van Gompel's commentary on proposed term extensions for sound
      recordings was timely and central to COMMUNIA's mission of informing EU
      policy.

      Sasha Mrkailo was the proponent for our fifth debate, which took us
      outside of the European Union, both physically and mentally, as he spoke
      with us by video bridge from Serbia, thanks to Zenonas Anusauskas, a
      villager from Eiciunai who thereby introduced video bridging to the ELTA
      news agency, as he has to Vilnius city hall and Lithuania's parliament.
      Sasha was unable to get a visa to attend the workshop because Lithuania
      has no embassy in Serbia and invitations can't be made through other
      European embassies. We encountered even greater obstacles inviting
      participants from Kenya and Uganda. Miraculously, after we had given up
      our efforts, the Nafsi Afrika Acrobats received visas to Norway and Frida
      Thorsen of Norwegian television very kindly accomodated their travel so
      they might attend our workshop, and indeed, make performances in the
      village of Eiciunai, the independence day festival of the Uzupis Republic,
      a school for the deaf in Panevezys (thanks to Odeta Abromaviciute) , and on
      Lithuanian television, everywhere spreading the creative energy that they
      also exhibited as peacemakers. Sasha proposed that creative genius in
      Africa might be unleashed by placing old textbooks in the Public Domain.
      Simon Murira of the Nafsi Afrika Acrobats countered that Africans need
      access to the best and latest information.

      Maria Agnese Giraudo, a research librarian, gave a thorough critique of
      our current system of copyright and the North-South divide which it
      exacerbates. We paired her statement with that of Ricardo Sanchez, who
      suggested a practical step of devising a logo “OK to Copy Offline” for
      websites to indicate that they can be transported offline just as they are
      online.

      Eric Wanjamah, a Kenyan student in Sweden, read his statement about
      historical injustices in Kenya. The lively discussion diverged from his
      point for the need for information that affects public opinion to be in
      the Public Domain. And yet it touched on fundamental assumptions, such as
      whether we need to be attached to our land, or mark our lands with
      boundaries, that can determine what we mean by a commons or the Public
      Domain. When I encouraged people to send statements for our workshop, I
      insisted, “Bring us an issue that you care about, and we can relate it to
      the Public Domain.” I am encouraged that indeed this is so. Any issue or
      complaint asks for a social resolution of personal interests, and any such
      resolution needs and generally comes from a shared social space, a public
      forum. In this sense, I believe that every debate is, at heart, a debate
      about the Public Domain, and can be resolved by a healthy Public Domain.
      Job Ngugi read the statement by Fred Kayiwa of Uganda who could not get a
      visa. Fred is a profoundly active social networker who is perhaps the
      most “digital” of any of us. What issue can he bring to us, being so
      removed from us, having no experience of Europe or much of the context for
      COMMUNIA? Yet he voices a fundamental perspective for the future of the
      Public Domain. Fred asks, why don't youth represent youth? This question
      makes it seem so strange that copyright laws are informed by corporations
      which profit from children, but not by the children themselves, nor the
      natural way in which they copy as part of their creativity. We may
      consider, how could we arrive at this arguably central issue without
      including Fred's point of view?
      Fred's statement was enthusiastically opposed by Danutė Vervečkienė, a
      mother and school teacher from the village of Eičiūnai. Sixteen-year- old
      Ieva Anušauskaitė sagely mediated all sides.

      I read (and translated) Jolita Malinauskaitė's complaint about plagiarism
      by Lithuania's students and teachers. This was our ninth and last debate.
      Thank you to Markus Petz who volunteered that we skip over his debate so
      that we might stay within our schedule. We include his statement along
      with two others that we received from Karl Fogel and Ricardo Sanchez.

      After our press conference, we gathered at the Neringa Restaurant, a
      creative haven during the long Soviet-occupation, as we learned from
      Thomas Chepaitis, foreign minister of the Uzhupis Republic, a neighborhood
      of Vilnius. After dinner, we enjoyed old and new folk traditions.
      Eičiūnai villagers sang for us old songs of true love. Nafsi Afrika
      Acrobats soared in ways that only a young boy or girl might dream
      possible. Thank you to all of our superheroes!

      ...but especially to Juan Carlos de Martin, for your will that we succeed,
      to Irena Buinickaite, Thomas Chepaitis, Zenonas Anušauskas and all of our
      team in Lithuania.

      Thank you most of all to you, our reader, who will take the next step so
      that we might enjoy an Ethical Public Domain!

      Andrius Kulikauskas

      Andrius Kulikauskas
      Minciu Sodas
      http://www.ms. lt
      ms@...
      +1 312 618 3345



    • Jared Ondieki
      Dear Friends, Greetings! I must say that I am glad to be in this network and for the last few months I have been following Keenly some of the brilliant and
      Message 2 of 5 , Aug 8, 2008
        Dear Friends,

        Greetings!

        I must say that I am glad to be in this network and for the last few months I have been following Keenly some of the brilliant and great thoughts and Ideas being Posted here.
        It makes me feel at Home to learn of other great Kenyans here who are making a difference in our great land and touching lives as well.I am glad to learn equally of wonderful friends abroad who are making things happen.

        It's Samuels thoughts which makes me make my first Contribution here,and the fact is that due to the economic inequality in some parts of the world and more so due to the fact that some regions are disadvantaged,authoritarian Immigration Policies prodded Violation of an essential Human Right of Freedom of movement all in the name of Visas and Travel restriction's,Such that I can not wake up one morning and decided to Visit you Andrius if I like or My sister Janet(thanks for this Forum) the way I want all due to the visa and travel embergos!

        The way forward,as suggested here before is to came up with a Proper mathematical strategy to ensure that we came to an end to this Economic disadvantages so that we can eventually open up the gates of the Continents and and ensure that the world become one.
        In fact we do not need the goodwill of our Leaders,we need our heart and the Zeal.

        This year we shall be re-launching Our Interdependence Day on 12/9.
        I hope those who are from Kenya and in this Forum will join me as we make this day a success by attending the Meeting.The ideology behind Interdependence and according to The mother of Interdependence Ms Sondra Myers( Was great hosting her here together with CAPITAL YOUTH CAUCUS ASSOCIATION,this year  in Nairobi) is that we need each other to live,hence the need to love each other and Co-excite Peacefully and united.For those who live in United State and could like to attend or hear more from her she can be reached through the following Contacts:

        Sondra Myers
        The University Of Scranton.
        Senior Fellow For International.
        Civic,and Cultural Projects.
        Scranton,Pennsylvania 18510-4635

        Tel: (570) 941 4089

        She lives in Pennsylvania.

        Once again,I am happy to be associated with you all and my hope is that we shall be an agent of Change in our Communities,Lets keep up the spirit and for sure we shall accomplish Our Purpose in Live.


        Love,Light and Peace to you


        With Warm regards,

        Jared Akama Ondieki
        CEPACE TRUST/
        CYCA-KENYA

      • Maria Agnese Giraudo
        Dear Eric, Chrise, Ken, Samwel and all, thanks Eric for answering about  so critical issue. In Italy with the new Goverment Berlusconi the policy regarding
        Message 3 of 5 , Aug 8, 2008
          Dear Eric, Chrise, Ken, Samwel and all,
          thanks Eric for answering about  so critical issue. In Italy with the new Goverment Berlusconi the policy regarding immigration  is  worse than before. It's a very challenging issue. Immigration will keep on and never stop....Italy  was not used to host people of other continents (like UK or France since the time of colonialism) and  now is facinig  a large immigration without an international  culture and  capacity of providing adequate hospitality and integration opportunities and with the anxiety  of  globalization... Some African people are starting to integrate also in high remunerative works and some in media and local government  too. There is a conflict inside the country and Europe for and against immigration. No way to stop... our future is to be mixed everywhere...I hope we share more on this issues and collaborate with politians and associations everywhere to realize a world of real equal opportunities for everybody. Thanks Chrise for  the great contribution of Kenya community in Lecce! Eric and all Nafsi, Chrise  and Samwel  we arrange how to meet after getting visa!
          Welcome Kenyans in Italy and in my house!
          Maria Agnese


          --- On Thu, 7/8/08, ERIC WANJAMAH <ewanjamah@...> wrote:
          From: ERIC WANJAMAH <ewanjamah@...>
          Subject: Re: [holistichelping] Communia workshop "Ethical Public Domain: Debate of Questionable Practices"
          To: holistichelping@yahoogroups.com
          Date: Thursday, 7 August, 2008, 8:19 PM

          Samwel,
           
          I share in your sentiments about visa issues for Africans and indeed most of developing nations.
           
          Having been in a Western country for an year now, I have witnessed the problems that the Swedish government is facing for example as a result of illegal immigration. The burden created on the fiscal policies and the associated social economic problems.
           
          I now understand more than ever before the requirements for social economic ties for non immigrant visa applicants. Sadly, the restrictions come from the bad precedence set by those who receive visas and fail to return home.
           
          Until a time when we develop our economy to be at par with the developed nations, when there is no suspicion that visa applicants are escaping social economic challenges, when existing opportunities equal those of other countries, only then are the visa rules likely to ease.
           
          The US from this month is implementing the visa waiver program http://travel. state.gov/ visa/temp/ without/without_ 1990.html for selected countries. Wouldn't it be wonderful if our Kenyan leaders live to the stipulations of the national accord, vision 2030 and accelerate development while curbing corruption, tribalism, nepotism and other 'isms so that Kenya in a few years receives a visa waiver status and Kenyans can leap the benefits of global contacts and networks?
           
          Only time will tell...


          ----- Original Message ----
          From: Samwel Kongere <jambita1@yahoo. com>
          To: Mendenyo Men-denyo <mendenyo@yahoogroup s.com>; Global Villages <globalvillages@ yahoogroups. com>; Holistic Helping <holistichelping@ yahoogroups. com>
          Cc: learningfromeachoth er@yahoogroups. com
          Sent: Thursday, August 7, 2008 11:11:32 AM
          Subject: [holistichelping] Communia workshop "Ethical Public Domain: Debate of Questionable Practices"


          Hi Andrius,

          Although, i did not attend the Vilnius COMMUNIA workshop, I am sure Ken Owino attended on behalf of those of us (Africans) who failed to get Visas for the workshop, I wonder why i can't see his name somewhere? Great thoughts were highlighted; I am working on an individual thinking piece now on easy travels and and social interaction, Why are Africans denied Visas for such great opportunities and so much restriction on travels while even animals have their own Eco-System calender?, In Nature Kenya, even animals have their own calender for movement, the wild beasts migrate to Serengeti Park in Tanzania from Masaai Mara national park in Kenya every year? the animals take four months away and come back to their habitat annually? and this is one of the wonders of the world. Why are we (Africans) put in nutshells without movement to get exposure? Can these and many more be discussed at the public domain ethics?. To me this has denied us exposure Socially and Economically? If the travel documents are valid why the restriction, then?

          I am all the time thinking, because many "whites" come here and go from here and extend their stays; longer?. We denied opportunities and this is why we are not progressing in development! .

          Please!! am free to discuss this anywhere, if there is time? Once, you told me, how you were not allowed to contribute at the summer source, and you spent alone night somewhere; why don't the Public domain ethics you organize fail to address these!!!, if we are all human for humans, as Thomas puts it? Or the Public Domain is a theory not practical?. This can make me think of the 'animal farm' novel I had in my secondary school literature., that all animals are equal except those on two legs!.

          I may finish this year thinking and thinking! but no appropriate answers!
          Call me,
          Samwel.
          ms@... wrote:
          We're preparing the proceedings for the COMMUNIA Spring 2008 workshop. I
          share my introduction. I appreciate our thoughts looking back and looking
          ahead. Andrius Kulikauskas, ms@...
          ------------ --------- ------

          Welcome to all who further our debates by taking up these Proceedings of
          Ethical Public Domain: Debates of Questionable Practices, the Spring 2008
          workshop of COMMUNIA held March 31, 2008 in Vilnius, Lithuania. COMMUNIA
          is the European Union's thematic network for the Public Domain.

          As organizer of this workshop, I wish to embolden you, the reader, to
          participate with vigor as we did at the workshop. I will clarify the
          context so that you may try to read between the lines, note what was said
          and unsaid, consider the personal, institutional and global situations,
          and appreciate the contribution of every participant. My wish is that you
          take up the thought that I and others, and perhaps you as well, do care
          about the Public Domain, about that commons for which there is no I or You
          or Other. I hope that Melanie Dulong de Rosnay's perspective and the
          remarkable dialogue by proponents, opponents, mediators and audience
          members will help you rise above opinions and judgments and up to the
          heights of principles, an Ethical Public Domain of “all for one and one
          for all”.

          In 2007, a team led by Juan Carlos de Martin and Andrea Glorioso of
          Politecnico di Torino won three years of funding from the European
          Commission to organize COMMUNIA, a forum that meets four times a year to
          foster the practice of the Public Domain and a vision that might inform
          policy throughout Europe. To my delight, Juan Carlos and Andrea have
          structured and shepherded this forum to allow for the possibility of
          fundamental change around the world. At our first meeting in September
          2007, I was able to share my thought that the Public Domain is not only a
          legal concept, but even more so, a culture and an ethics which might
          inform law if we recognized a human right to share. In January 2008,
          Séverine Dusollier spoke of a “positively defined Public Domain” to great
          approval.

          I authored the invitation to our Spring 2008 workshop to show how far this
          process might go.

          “The European Commission is funding the COMMUNIA thematic network for the
          Public Domain. A vibrant network may inspire European Union directives to
          the member states that they amend their constitutions so that the Public
          Domain has primacy over copyright. Imagine a world where creative works
          enter the Public Domain by default unless their authors explicitly mark
          them as copyrighted; where the creator of a derivative work can copyright
          only their own modifications and not the entire work; where the owner of a
          derivative work must make available any Public Domain works they use or
          their own work falls into the Public Domain; and where non-humans (such as
          corporations) are prohibited from owning creative works unless they are
          capable of creating them, and prohibited from managing creative works
          unless they show a moral sense of fair use that allows for more gray than
          black or white.”

          My goal was to encourage citizens inside and outside corporations to
          engage each other and cultivate standards for behavior, both ethical and
          legal.

          “We can create a world that favors the Public Domain if we engage each
          other as concerned citizens in thoughtful discourse. Our workshop is a
          series of friendly debates by which we engage those whose practices we
          question.”

          How can Google scrape so many websites and yet have Terms of Services
          which prevent others from scraping its own website?
          Why is there no market for used Microsoft software?
          Why is Flickr set up for use with Creative Commons licenses but not the
          Public Domain?
          Why does Wikipedia use the eight-page GNU FDL license which must be
          included in any excerpt?
          Why does Creative Commons define Public Domain as "no rights reserved"
          rather than "all use encouraged"?
          Why is the European Commission ready to extend the term of protection for
          related rights in sound recordings from 50 years to 95 years?
          Why does the COMMUNIA website use a Share Alike license which clashes with
          the Public Domain?
          Why is Minciu Sodas inviting corporations to sponsor debates like these?

          “We welcome all questions that help us explore how we might share creative
          works as co-creators and support a vibrant commons.”

          I structured the debates so that they would be as simple, constructive and
          inclusive as possible:

          “Ten half-hour debates will take place from 10:00 to 15:00 at the ELTA
          news agency press conference center, Gedimino 21/2, Vilnius, Lithuania.
          Each debate will include:”
          a 5 minute critique of a practice that hurts the Public Domain
          a 5 minute defense of that practice
          10 minutes of contributions from the audience
          5 minutes of mediation.

          “Debaters can present their arguments themselves in Vilnius, or ask
          somebody to present on their behalf, especially if they are not able to
          attend. Remote participants will also be included by video bridge.”

          I wasn't able to build any bridges across “the corporate wall”. The
          challenge is great and it was optimistic, as usual, for me to think
          otherwise. I was quick to offer that my Minciu Sodas laboratory organize
          the Spring 2008 workshop, the first outside Torino. It will take more
          time, though, to develop the relationships with corporate citizens. I do
          have hope for the future and wish to support such efforts. Our workshop
          was a show of good will and an informative experiment. We have taken a
          first step.

          Next time (and I hope there is a next time!) I would like to receive more
          statements from activists. We so often hear complaints, but who is
          willing to voice them? and to hear out the other side and seek a
          solution? I wish also that academics find ways, large and small, to
          participate as active citizens. Must those who are most educated be
          allergic to controversy? Thank you to all who came to our workshop where
          I hope that we were all as uncomfortable (or not) as each might wish!

          I was touched by the participation of ordinary citizens from around the
          world, many of them independent thinkers active at Minciu Sodas, for whom
          this was a rare occasion to meet, as they generally interact online. They
          were actually not so ordinary, indeed they are extraordinary given their
          work in January and February to organize a Pyramid of Peace of online and
          offline peacemakers to avert genocide in Kenya. They were also familiar
          with the Public Domain because, since 1998, all of the Minciu Sodas venues
          (discussion groups, wikis, chats) have been “Public Domain except where
          content explicitly notes otherwise”.

          Thank you to Pamela McLean, Maria Agnese Giraudo, Theresa Bakalarz, Eric
          Wanjamah, Markus Petz, Irena Buinickaite, Birute Railiene and all who
          helped us prepare the materials for the conference. Each proponent
          submitted a one-page statement which we distributed for all to read. Thank
          you also to Maria Teresa Medina Quintana for registering our participants.

          I organized the schedule so that we started with the topics most obviously
          relevant to COMMUNIA's mission, then expanded beyond Europe to include
          Africans and the developing world, and concluded with topics of local
          interest, switching back and forth between English and Lithuanian.

          I was the first proponent so that by my example I might share the kind of
          debates that I sought. This was my opportunity to state my own
          longstanding grievance with Creative Commons, that it promotes a legal
          alternative to the Public Domain, and I feel, reduces the Public Domain to
          a legal, irrevocable (and thus unreal), negative formulation “no rights
          reserved”, whereas I seek a Public Domain that is culturally vibrant,
          commercially viable, socially essential as the domain for our best
          creative works and the default for all creative works. I didn't quite say
          that so directly. Nor did I say, what I think is evident, that Creative
          Commons has made a wonderful impact on our popular understanding of the
          Public Domain and concern for copyright issues. I did get my chance to
          speak and then my chance to keep quiet and listen, which for me was much
          harder! I am very grateful that Prodromos Tsiavos (of Creative Commons
          England-Wales) and Tomislav Medek (of Croatian Creative Commons) agreed to
          be opponent and mediator. They spoke thoughtfully, but their “Yes”, that
          they were willing to participate, was the most important word that I
          myself heard, and what I wish for all debaters. Thank you very much to
          all of the Creative Commons members who came to meet in Vilnius a day
          early, who made sure our event was well attended, and who helped with our
          debates.

          Our proceedings include a summary for each debate, as well as biographies,
          the proponent's written statement, excerpts from the debates, and an
          occasional afterthought by Thomas Chepaitis, who wrote down our
          transcripts based on Zenonas Anusauskas's video footage available at
          www.internettv. lt and/or www.communia- project.eu

          Didzis Veinbergs launched our second debate with his concerns, as a
          publisher, regarding the publishing of Public Domain works.

          Andras Galamposi's critique of libraries and museums was a model of
          constructive controversy.

          Stef van Gompel's commentary on proposed term extensions for sound
          recordings was timely and central to COMMUNIA's mission of informing EU
          policy.

          Sasha Mrkailo was the proponent for our fifth debate, which took us
          outside of the European Union, both physically and mentally, as he spoke
          with us by video bridge from Serbia, thanks to Zenonas Anusauskas, a
          villager from Eiciunai who thereby introduced video bridging to the ELTA
          news agency, as he has to Vilnius city hall and Lithuania's parliament.
          Sasha was unable to get a visa to attend the workshop because Lithuania
          has no embassy in Serbia and invitations can't be made through other
          European embassies. We encountered even greater obstacles inviting
          participants from Kenya and Uganda. Miraculously, after we had given up
          our efforts, the Nafsi Afrika Acrobats received visas to Norway and Frida
          Thorsen of Norwegian television very kindly accomodated their travel so
          they might attend our workshop, and indeed, make performances in the
          village of Eiciunai, the independence day festival of the Uzupis Republic,
          a school for the deaf in Panevezys (thanks to Odeta Abromaviciute) , and on
          Lithuanian television, everywhere spreading the creative energy that they
          also exhibited as peacemakers. Sasha proposed that creative genius in
          Africa might be unleashed by placing old textbooks in the Public Domain.
          Simon Murira of the Nafsi Afrika Acrobats countered that Africans need
          access to the best and latest information.

          Maria Agnese Giraudo, a research librarian, gave a thorough critique of
          our current system of copyright and the North-South divide which it
          exacerbates. We paired her statement with that of Ricardo Sanchez, who
          suggested a practical step of devising a logo “OK to Copy Offline” for
          websites to indicate that they can be transported offline just as they are
          online.

          Eric Wanjamah, a Kenyan student in Sweden, read his statement about
          historical injustices in Kenya. The lively discussion diverged from his
          point for the need for information that affects public opinion to be in
          the Public Domain. And yet it touched on fundamental assumptions, such as
          whether we need to be attached to our land, or mark our lands with
          boundaries, that can determine what we mean by a commons or the Public
          Domain. When I encouraged people to send statements for our workshop, I
          insisted, “Bring us an issue that you care about, and we can relate it to
          the Public Domain.” I am encouraged that indeed this is so. Any issue or
          complaint asks for a social resolution of personal interests, and any such
          resolution needs and generally comes from a shared social space, a public
          forum. In this sense, I believe that every debate is, at heart, a debate
          about the Public Domain, and can be resolved by a healthy Public Domain.
          Job Ngugi read the statement by Fred Kayiwa of Uganda who could not get a
          visa. Fred is a profoundly active social networker who is perhaps the
          most “digital” of any of us. What issue can he bring to us, being so
          removed from us, having no experience of Europe or much of the context for
          COMMUNIA? Yet he voices a fundamental perspective for the future of the
          Public Domain. Fred asks, why don't youth represent youth? This question
          makes it seem so strange that copyright laws are informed by corporations
          which profit from children, but not by the children themselves, nor the
          natural way in which they copy as part of their creativity. We may
          consider, how could we arrive at this arguably central issue without
          including Fred's point of view?
          Fred's statement was enthusiastically opposed by Danutė Vervečkienė, a
          mother and school teacher from the village of Eičiūnai. Sixteen-year- old
          Ieva Anušauskaitė sagely mediated all sides.

          I read (and translated) Jolita Malinauskaitė 's complaint about plagiarism
          by Lithuania's students and teachers. This was our ninth and last debate.
          Thank you to Markus Petz who volunteered that we skip over his debate so
          that we might stay within our schedule. We include his statement along
          with two others that we received from Karl Fogel and Ricardo Sanchez.

          After our press conference, we gathered at the Neringa Restaurant, a
          creative haven during the long Soviet-occupation, as we learned from
          Thomas Chepaitis, foreign minister of the Uzhupis Republic, a neighborhood
          of Vilnius. After dinner, we enjoyed old and new folk traditions.
          Eičiūnai villagers sang for us old songs of true love. Nafsi Afrika
          Acrobats soared in ways that only a young boy or girl might dream
          possible. Thank you to all of our superheroes!

          ...but especially to Juan Carlos de Martin, for your will that we succeed,
          to Irena Buinickaite, Thomas Chepaitis, Zenonas Anušauskas and all of our
          team in Lithuania.

          Thank you most of all to you, our reader, who will take the next step so
          that we might enjoy an Ethical Public Domain!

          Andrius Kulikauskas

          Andrius Kulikauskas
          Minciu Sodas
          http://www.ms. lt
          ms@...
          +1 312 618 3345





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        • Jeff Buderer
          Sondra, I was just reading some of postings and I was wondering what you see as the properly mathematical strategy. Good point about the issues of free
          Message 4 of 5 , Aug 9, 2008
            Sondra,

            I was just reading some of postings and I was wondering what you see as the properly mathematical strategy.

            Good point about the issues of free movement in a global society. A major issues is the massive bureaucracy that is global in scope and in place at the national level that makes the sharing of perspectives and experiences quite difficult.

            Indeed it is a great paradox and some might say hypocrisy of globalization to see that as the economy has liberalized that controls on immigration and travel have actually increased.

            Of course one of the greatest under-recognized benefits of this is that it helps us common folk understand each other and to see that despite the pontifications of our so called national leaders that seems to indicate otherwise we are all part of one species and must learn to live together in peace.

            Jeff



            On Fri, Aug 8, 2008 at 1:22 AM, Jared Ondieki <akama80@...> wrote:

            Dear Friends,

            Greetings!

            I must say that I am glad to be in this network and for the last few months I have been following Keenly some of the brilliant and great thoughts and Ideas being Posted here.
            It makes me feel at Home to learn of other great Kenyans here who are making a difference in our great land and touching lives as well.I am glad to learn equally of wonderful friends abroad who are making things happen.

            It's Samuels thoughts which makes me make my first Contribution here,and the fact is that due to the economic inequality in some parts of the world and more so due to the fact that some regions are disadvantaged,authoritarian Immigration Policies prodded Violation of an essential Human Right of Freedom of movement all in the name of Visas and Travel restriction's,Such that I can not wake up one morning and decided to Visit you Andrius if I like or My sister Janet(thanks for this Forum) the way I want all due to the visa and travel embergos!

            The way forward,as suggested here before is to came up with a Proper mathematical strategy to ensure that we came to an end to this Economic disadvantages so that we can eventually open up the gates of the Continents and and ensure that the world become one.
            In fact we do not need the goodwill of our Leaders,we need our heart and the Zeal.

            This year we shall be re-launching Our Interdependence Day on 12/9.
            I hope those who are from Kenya and in this Forum will join me as we make this day a success by attending the Meeting.The ideology behind Interdependence and according to The mother of Interdependence Ms Sondra Myers( Was great hosting her here together with CAPITAL YOUTH CAUCUS ASSOCIATION,this year  in Nairobi) is that we need each other to live,hence the need to love each other and Co-excite Peacefully and united.For those who live in United State and could like to attend or hear more from her she can be reached through the following Contacts:

            Sondra Myers
            The University Of Scranton.
            Senior Fellow For International.
            Civic,and Cultural Projects.
            Scranton,Pennsylvania 18510-4635

            Tel: (570) 941 4089

            She lives in Pennsylvania.

            Once again,I am happy to be associated with you all and my hope is that we shall be an agent of Change in our Communities,Lets keep up the spirit and for sure we shall accomplish Our Purpose in Live.


            Love,Light and Peace to you


            With Warm regards,

            Jared Akama Ondieki
            CEPACE TRUST/
            CYCA-KENYA


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