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declarations:charter_for_innovation_creativity_and_acces_to_knowledge [2010/11/05 23:12] Azonata fix |
declarations:charter_for_innovation_creativity_and_acces_to_knowledge [2012/08/07 23:45] (huidige) Azonata fix |
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|---|---|---|---|
| Regel 88: | Regel 88: | ||
| - Private collecting societies should not manage non-attributable levies. Any amounts that are not attributable to particular authors should be managed by the state for the purpose of promoting the creativity of society as a whole. | - Private collecting societies should not manage non-attributable levies. Any amounts that are not attributable to particular authors should be managed by the state for the purpose of promoting the creativity of society as a whole. | ||
| + | ==== C. Knowledge Commons and Public Domain ==== | ||
| + | === Proprietary Works === | ||
| + | The copyright term should not exceed the minimum term set forth in the Berne Convention. We already consider the minimum Berne term unfair; in the longer term we defend shortening it. Excessive terms do not benefit consumers or authors. | ||
| + | === Public domain Works === | ||
| + | - Every jurisdiction should allow a work to be released directly into the public domain prior to the expiry of the general copyright term. | ||
| + | - The results of works and developments funded by public money should always be made accessible to everyone allowing free/libre use and distribution, in a free/open format. All the later uses and modifications (both commercial and non commercial) should respect the same licence. | ||
| + | - Research funded through educational institutions should be published on an access model that permit sharing. | ||
| + | - When the state or state-supported institutions possess copies of works whose copyright has expired, they must make them accessible to the public, so that they can be copied, shared and used in any form. | ||
| + | === Freely available Works === | ||
| + | There should be no restriction of the freedom to access, link to, and index any work that is already freely accessible to the public online, even if it is not under a sharable licence. | ||
| - | + | === Non-copyrightable Works === | |
| + | - There should be no copyright on laws, government reports, political documents and speeches, or regulatory compliance information. | ||
| + | - Sui generis database rights should not be introduced, and should be repealed in jurisdictions where they exist. | ||
| + | === Works licensed to permit sharing === | ||
| + | Every legal system should facilitate and promote sharable licensing to the same extent as proprietary licensing. | ||
| + | === Orphaned Works === | ||
| + | There should be freedom to use a copyrighted work if the copyright holder cannot be located after a due diligence search. | ||
| + | |||
| + | === D. Defending Access to Technological Infrastructures and Net Neutrality === | ||
| + | - Internet access is essential for learning and for the practical and meaningful exercise of freedom of expression and communication, therefore Net Neutrality must be assured. | ||
| + | - Citizens and consumers are entitled to an Internet connection that enables them to send and receive content of their choice, use services and run applications of their choice, connect hardware and use software of their choice that do not harm the network. ISPs must fully document the protocols they use to communicate with the customer so that customers’ choice of software with which to use the Internet services is not limited by secrecy. | ||
| + | - Citizens and consumers are entitled to an Internet connection that is free from any form of discrimination – whether blocking, limiting or prioritizing – with regard to the type of application, service or content, or based on sender or receiver address. | ||
| + | - IP addresses of citizens and consumers are potentially identifiable data, and the subject of the data has the right of access it in order to correct, delete, or prevent the transfer of their personal information. | ||
| + | - Filtering of Internet content is a threat to fundamental rights, and is an invalid, ineffective and disproportionate solution for enforcement. No limitation or filtering should be carried out. | ||
| + | - Citizens are entitled to access to a Free/Libre, unlicensed band of the spectrum for digital communications, such as the analogue TV range and, in general, at least a 25% of any new range of the spectrum that may be released. | ||
| + | |||
| + | === E. Access to Works for Persons with Reading Disabilities === | ||
| + | When accessible-format works for persons who have disabilities are created under copyright limitations and exceptions, the global legal systems should even more enable cross border import and export of such works. | ||
| + | |||
| + | === F. Reverse Berne’s Three-Step Test === | ||
| + | The three-step test was introduced in the Berne Convention in 1967 and was later also added to the TRIPS treaty. It is a system that tends to prevent any reduction of the scope and duration of copyright. In this Charter, in keeping with a very strong legal current to prevent further erosion of the public domain, we have devised a reverse three-step test for preserving our freedoms in an information society. | ||
| + | |||
| + | Innovation, creativity, and access to knowledge may only be limited or constrained when and if the three conditions below are met simultaneously: | ||
| + | - exceptional public interest in constraining them | ||
| + | - the use of methods that do not undermine or discriminate against the use, transformation and dissemination of knowledge, creative works and technology infrastructures, services and software; | ||
| + | - when such restrictions do not violate human and civil rights in the information society and are not otherwise inconsistent with democratic culture. | ||
| + | |||
| + | ===== 3. Guidelines for Education and Access to Knowledge ===== | ||
| + | Imitation is the starting point for learning. We understand education as a social process that involves a wide range of educational actors, technologies, entities and activities, beyond simply the official, formal ones. Our vision of education is one which fosters an efficient and sustainable culture of knowledge sharing and educational innovation. | ||
| + | |||
| + | ==== A. Empowerment of Educators ==== | ||
| + | Education is a fundamental tool to improve our societies and achieve human progress. They need to be empowered to teach learners within the values of a sharing culture, which means, the culture of using Free/Libre and Open Source Software, and more generally of Free Knowledge. Thus we urge educational institutions and communities to: | ||
| + | * Guarantee training and technical support for educators in the use of free/libre and Open Source Software and Sharable Educational Resources. | ||
| + | * Ensure educators are able to dedicate part of their time to learning, maintaining, authoring and sharing educational resources. | ||
| + | * Set up new communities of educators for the exchange of knowledge and experiences and to link existing ones. | ||
| + | |||
| + | ==== B. Support and Awareness ==== | ||
| + | Imitation is the starting point for learning. Copying and sharing knowledge are thus two of the founding principles of any educational process. The culture of sharing embraces these principles rather than discouraging them. | ||
| + | |||
| + | Thus we urge educational institutions and communities to use educational materials released to the public under a free/libre license, and publish such materials. | ||
| + | |||
| + | ==== C. Educational Materials ==== | ||
| + | Educational resources are a basic educational tool; their sharable publication in the public domain or under a free/libre license facilitates access, stimulates improvement and participation and caters for cultural diversity, while maximising reuse and efficiency. Thus we urge educational institutions and communities to: | ||
| + | * Use and generate educational materials released to the public under a free/libre license. | ||
| + | * Distribution should take place: | ||
| + | * Through the Internet, using well-structured, Open Standard compliant, easy to use repositories. | ||
| + | * Printing physical copies (e.g. using already existing university-based publishers) and bringing them to public libraries and financially disadvantaged people. | ||
| + | * Translate and localise these materials into different languages, in order to reach the largest possible range of world population. | ||
| + | |||
| + | ==== D. Software and Other Tools ==== | ||
| + | Free/Libre Software allows people to interact while they are studing and learning. Free/Libre Software it is not an passive model, it allows people to interact with the tools they are using since it allows to interact with the code, to study and learn about the code as well as using its features. | ||
| + | |||
| + | The use of open standards and open formats is essential to ensure technical interoperability, provide a level playing field for competing vendors, and enable seamless access to digital information and the availability of knowledge and social memory, now and in the future. We therefore declare that: | ||
| + | |||
| + | * Educational entities should use Free/Libre and Open Source Software as a learning tool, as a subject of study in itself and as the base for their IT infrastructure. | ||
| + | * All publicly funded software developed in or for an educational environment must be released under a Free/Libre license. | ||
| + | * The use of Free/Libre and Open Source Software should be promoted in textbooks as an alternative to proprietary software where appliicable (numerical calculus, image editing, document composition, etc.). | ||
| + | * Educational entities should develop, provide and promote free/libre editing tools to create and improve didactic materials. | ||
| + | * Technologies like DRM must be rejected, in order to guarantee the permanent access to educational resources and enable lifelong learning. | ||
| + | |||
| + | ==== E. Recognition and Certification ==== | ||
| + | As new forms of collective production spread throughout the educational system, official accreditation and certification processes should recognise the skills and experience acquired in this way. We thus urge educational institutions and authorities to: | ||
| + | * Create mechanisms of certification to recognise a sharing culture and sharable education within the educational system. | ||
| + | * Integrate these new practices with official, existing educational curricula. | ||
| + | * Adapt scientific policies dealing with research so that they recognise the benefits of sharable access journals and self-archiving, in order to strengthen the dynamics of scientific debate and the quality of feedback. | ||
| + | |||
| + | ==== F. Peer to Peer Education and Collaboration between Educators and Learners ==== | ||
| + | The barriers between learners and teachers are being lowered, and new forms of education are taking shape. Open communities and participation in peer-to-peer production processes provide enormous value for learning. We thus urge educational institutions and communities to: | ||
| + | * Boost collaborative work between teachers and students in the production of knowledge. | ||
| + | * Encourage students’ involvement in co-teaching with their peers. | ||
| + | * Share credit between educators and students. | ||
| + | * Promote collaborative and interdisciplinary work between educators in different fields. | ||
| + | |||
| + | ==== G. Science and Academic Knowledge ==== | ||
| + | Sharable Access publications ensure access to the results of scientific research, for scientists as well as the general public; they boost the possibilities for learning and they enable diverse research disciplines to remain informed of each other’s results. We therefore declare that: | ||
| + | * Universities and research centres should embrace the Sharable Access model for the publication of research results. These results should be accessible in a direct and anonymous way to the general public. | ||
| + | * Patent applications for the results of publicly funded research should be discouraged. Patents held by public institutions should be irrevocably released under royalty-free terms and free of any other restriction. | ||
| + | |||
| + | ===== 4. Structural Requirements for a Knowledge Society ===== | ||
| + | ==== Privacy ==== | ||
| + | Citizens have the right to: | ||
| + | * browse the Internet and access content anonymously. | ||
| + | * decide at any time to move, modify or remove their user data from any online service. | ||
| + | * protect their privacy and encrypt their communications. | ||
| + | * be free of all interception in their communications, except when authorized by court order, and to encrypt their communications at any level, without any limitations concerning the key or algorithm used. | ||
| + | |||
| + | ==== Rights on Networks: Freedom to USE, CREATE and CONNECT ==== | ||
| + | * Civil society and public administrations must have the right to provide and implement network services, including the right to offer their use to citizens gratis and without conditions. | ||
| + | * Citizens must have the right to connect any hardware to the network (following the carterfone principle), and to use the network for any purpose (for instance, for voip), and connect any other network (e.g. tethering) to networks without restrictions. | ||
| + | |||
| + | ==== Infrastructure and Market Regulation ==== | ||
| + | * Neutrality: Net neutrality must be guaranteed (Read Legal demands section D for a precise definition). | ||
| + | * Symmetry: Internet access providers must grant symmetrical connections or a reasonable download/upload ratio. There should be access to broadband (ITU-i113) as a universal service right for all citizens. | ||
| + | * Diversity: Monopolies in the fields of telecommunications infrastructures and service provision should not be permitted. Citizens have the right to access more than one provider (public or private), and contracting one service should not require buying other products or services together with it. All citizens have the right to access the technology systems, products and infrastructures that allow free/libre access to the Internet (‘digital dividend’). | ||
| + | * Network providers must fulfill agreed-upon access speeds; in pre-payment contracts, only the traffic explicitly transferred or demanded by the user must be charged. In addition, providers should always offer users a flat rate tariff system. | ||
| + | |||
| + | ==== Public Administration ==== | ||
| + | * Public sector, publicly funded projects, systems that citizens are required by law to use, and systems whose use affects citizens’ fundamental rights, should always use free/libre software and open standards. | ||
| + | * When a free/libre solution or open standard does not exist, the government or corresponding public institution should promote the development of the software needed. In the interim, only solutions that are publicly auditable must be used in order to guarantee the democratic process overall. | ||
| + | * The results of developments funded by public money should always be licensed under a free/libre license and all related patents should be released under royalty free terms and free of any other restriction. | ||
| + | * Governments must guarantee non-exclusive, free/libre Internet access to every citizen, independently of his or her place of residence (at least to the level required to exercise his or her rights as a citizen and to take part in democratic processes and relate to public institutions). | ||
| + | |||
| + | ==== Regarding how Software Evaluation and Purchase should Proceed in Public Administration ==== | ||
| + | * Public purchases of software must evaluate the total cost of using it, including the costs of ceasing to use it and migrating to an alternative software. | ||
| + | * Public accounting must make a clear distinction between the costs of software licenses, maintenance, support and service, apart from the hardware costs. | ||
| + | |||
| + | ===== 5. Transparency ===== | ||
| + | Transparency in the enforcement process is required in order to avoid the breach of any fundamental rights (e.g. invasion of privacy, freedom of expression, etc.). This must include details on the authorities in charge of applying the law and on the reasons for the mandatory procedures. Governments should ensure, through a transparent and public process, the existence of systems that evaluate how the norms are applied. The results published by the independent experts hired to carry out the evaluation (see – database directive) should be taken into consideration in the norm-setting process. A meaningful way to ensure the transparency process is to implement obligatory transparency audits. | ||
| + | |||
| + | We would be glad to endorse a “three-strikes system” for violators of the public right to be informed, if one is designed. There is a public interest in transparency of lobbying activities. A transparent process in national and international norm-setting needs to include at least: | ||
| + | - Public access to documents related to this process, and the right to of attend meetings (including via the Internet) and read the meeting minutes. These minutes should include the names of the attendees, advisors and how each person voted, unless it is a secret ballot | ||
| + | - Details on the persons that are making the decisions | ||
| + | - Meaningful opportunities to submit comments to the norm-setting process. Comments from all contributors should be made public. A dialogue between all parties is necessary, especially in responding to comments in writing. Public voices should be part of the public record. | ||
| + | - Information relating to any evidence that is presented to promote or justify policies, including their sources and their reliability. Independent evaluation or peer review is needed. | ||
| + | - Democratic access to statistics that are needed to evaluate the way that copyright and patent systems work, including, for example, the impact of such measures on prices, the royalties paid to creators as compensation for access to their works, and the impact on fundamental rights and freedoms. | ||
| + | |||
| + | ===== 6. Glossary of terms ===== | ||
| + | [[http://fcforum.net/home/glossary|Go to Glossary of terms.]] | ||
| + | |||
| + | ===== 7. References ===== | ||
| + | ==== 7.1 Related to Politics ==== | ||
| + | * [[http://www.benkler.org/wonchapters.html|Benkler The Wealth of Networks: How Social Production Transforms Markets and freedom (Yale Press 2006)]] | ||
| + | * Ostrom, E. Governing the Commons: The Evolution of Institutions for Collective Action Ostrom, Elinor, Cambridge University Press, 1990. | ||
| + | * [[http://www.foet.org/lectures/lecture-hydrogen-economy.html|Jeremy Rifkin, The Third Industrial Revolution]] | ||
| + | * [[http://openfsm.net/projects/freecultureforum/preparation-discussion-and-working-materials/MayoFusterMorell_PasticipationAsAnEco_Barcelona.pdf|Fuster Morell, Mayo (2009) “Online creation communities for the building of digital commons: Participation as an eco-system?” Contribution to the panel on “Organizational principles and political implications” of the International forum on free/libre culture – Barcelona October 30 2009 – Mayo Fuster Morell – Participation as an eco-system]] | ||
| + | * [[http://openfsm.net/projects/freecultureforum/preparation-discussion-and-working-materials/Bollier_Commons.doc|David Bollier “A New Politics of the Commons” Published in Renewal magazine]] | ||
| + | * [[http://openfsm.net/projects/freecultureforum/preparation-discussion-and-working-materials/Web2-0-DemocracySpectacle_FelixStalder.doc|Felix Stalder. Between democracy and spectacle. Limitations of the web 2.0 discourse]] | ||
| + | * [[http://wiki.fcforum.net/index.php?title=Hilary_Wainwright:_Brainstorming_questions_responding_to_the_challenge_to_think_about_the_political_implications_of_free_culture|Hilary Wainwright: Brainstorming questions responding to the challenge to think about the political implications of free/libre culture]] | ||
| + | * [[http://co-ment.freeknowledge.eu/text/17|From Web 2.0 to Free Web: For the release of software and services that support the social web]] | ||
| + | * [[http://openfsm.net/projects/freecultureforum/preparation-discussion-and-working-materials/complexity-social-movements-final.doc|Graeme Chesters and Ian Welsh Complexity and Social Movement: Process and Emergence in Planetary Action Systems]] | ||
| + | * [[http://dotsub.com/view/40fd8f9c-fcb0-462f-b44c-ca6c38acdd9c|Lula and Free Software]] – Lula da Silva, Brazilian President, talks about the importance of free Software and the Internet at the 10th Free Software Internacional Forum (FISL), in Porto Alegre, Brazil – June 26th, 2009 | ||
| + | * [[http://translate.google.com/translate?prev=hp&hl=en&js=y&u=http%3A%2F%2Fculturadigital.br%2F&sl=pt&tl=en&history_state0=|Brazilian Digital Culture Forum]] – public and open social network for the formulation and construction of democratic public policies for digital culture. | ||
| + | * Berlinguer, Marco (2009) “Investigating organisational logics and mentalities present in contemporary social movements – Parallels between Open Source and Free/Libre Software Movement and the Global Justice movement”. Contribution to the track “Organizational principles and political implications” of the International forum on free/libre culture – Barcelona October 30 2009. | ||
| + | * [[http://co-ment.freeknowledge.eu/text/16/|Grupo Blogx Populi, de Guifi.net. From Web 2.0 to Free Web]] – For the release of software and services that support the social web (en) | ||
| + | * [[http://commonsblog.wordpress.com/2009/12/17/commons-manifesto-strenghten-the-commons-now/|Commons Manifesto: Strenghten the Commons. Now!]] | ||
| + | |||
| + | ==== 7.2 Related documents and sources from Legal ==== | ||
| + | * [[http://keionline.org/content/view/235/1|Draft document from A2K 2005]] | ||
| + | * [[http://co-ment.freeknowledge.eu/text/6/|Necessary and Urgent Measures to Protect the Knowledge Society by eXgae]] | ||
| + | * [[http://www.laquadrature.net/en/Net_neutrality|La Quadrature du Net on Net Neutrality]] | ||
| + | * [[http://a2knetwork.org/sites/default/files/ip-watchlist09.pdf|Consumer International. IP-watchlist09]] | ||
| + | * [[http://www.wipo.int/edocs/mdocs/scp/en/scp_11/scp_11_5.pdf|Proposal made to the ONU´s World Organisation for Intellectual Property made by Amigos del Desarrollo (Friends of Development) (Argentina, Bolivia, Brazil, Cuba, Ecuador, Egypt, Iran, Kenya, Perou, Dominican Republic, Sierra Leone, South Africa, Tanzania and Venezuela)]] | ||
| + | * [[http://works.bepress.com/daniel_gervais/1|Daniel J. Gervais. “Towards a New Core International Copyright Norm: The Reverse Three-Step Test” Marquette Intellectual Property Law Review 9 (2005): 1-37]] | ||
| + | * [[http://www.euopeninternet.eu/|Asking for an open internet in Europe]] | ||
| + | * [[http://www.npt.no/iKnowBase/Content/109604/Guidelines%20for%20network%20neutrality.pdf|The Norwegian principles NRA]] | ||
| + | * [[http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260435A1.doc|FCC 4 first principles]] | ||
| + | * [[http://openinternet.gov/read-speech.html|Julius Genachowski’s speech from 21 Sept adding principle 5 & 6]] | ||
| + | * [[http://www.piratpartiet.se/international/english|PiratPartiet Principles]] | ||
| + | * [[wp>Adelphi_Charter|Adelphi Charter]] | ||
| + | * [[http://blackouteusp.wordpress.com/|BlackOutEurope]] | ||
| + | * [[http://www.hbs.edu/research/pdf/09-132.pdf|Koleman Strumpf, Felix Oberholzer-Gee – Harvard Business School Report on Filesharing and Copyright]] | ||
| + | * [[http://www.enriquedans.com/?s=carta&x=0&y=0|Carta Europea de los Derechos Ciudadanos en la Era Digital]] | ||
| + | * [[http://www.apc.org/en/node/5677/|APC Internet Rights Charter]] | ||
| + | |||
| + | ==== Past declarations related to education and A2K ==== | ||
| + | * [[http://www.soros.org/openaccess/read.shtml|The Budapest Open Access Initiative, 2002]] | ||
| + | * [[http://oa.mpg.de/openaccess-berlin/berlindeclaration.html|The Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities, 2003]] | ||
| + | * [[http://www.capetowndeclaration.org|Capetown Open Education Declaration, 2007]] | ||
| + | * [[http://wiki.freeculture.org/Open_University_Campaign|Open University Campaign, Wheeler Declaration, 2008]] | ||
| + | * [[http://freeknowledge.eu/definitions/openstandards|Open Standards Definition]] | ||
| + | * [[http://freedomdefined.org/Definition|Definition of Free Cultural Works]] | ||
| + | * [[http://wikieducator.org/Declaration_on_libre_knowledge|Declaration on Libre Knowledge]] | ||
| + | * [[http://www.gnu.org/philosophy/free-sw.html|Free/Libre Software Definition]] | ||
| + | * [[http://www.gnu.org/philosophy/schools.html|Why schools should exclusively use Free/Libre Software]] | ||
| + | * [[http://fsfs.in/content/trivandrum-decleration|The Trivandrum Declaration, Free Software, Free Society, 2005]] | ||
| + | * [[http://fosscomm.in/Charter|Indian Free & Open Source community Charter]] | ||
| + | * [[http://autonomo.us/2008/07/franklin-street-statement/|Franklin Street Statement on Freedom and Network Services]] | ||
| + | |||
| + | ===== Externe links ===== | ||
| + | * [[http://fcforum.net/charter_extended|De originele brontekst van de Charter for Innovation, Creativity and Access to Knowledge.]] | ||
| + | * [[http://fcforum.net/files/chart2.0.1-long.pdf|Downloadbare PDF versie.]] | ||
Spoor: • budapest_open_access_initiative • berlin_declaration_on_open_access_to_knowledge_in_the_sciences_and_humanities • position_paper_rfid • treaty_on_acces_to_knowledge • the_thiruvananthapuram_declaration • the_adelphi_charter • apc_internet_rights_charter • libre_declaration • cape_town_open_education_declaration • charter_for_innovation_creativity_and_acces_to_knowledge
