Discussion (Traditional Legal Frameworks, Open Project Frameworks, Differences) - Revision history

Jean: /* Summary */

Jean — Mon, 04 Jan 2010 21:36:33 GMT

Summary

←Older revision		Revision as of 21:36, 4 January 2010
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	===Summary===		===Summary===
-	Many nonprofit open source projects, and open content-building projects like Wikipedia, have adapted the traditional “terms of service/privacy policy” legal framework for managing online services by retaining the privacy policy element, replacing the conventional TOS with a set of required online transactional forms for participants, and posting a collection of rules, policies, guidelines, and technical requirements. <br>	+	Many nonprofit open source projects, and open content-building projects like Wikipedia, have adapted the traditional “terms of service/privacy policy” legal framework for managing online services by retaining the privacy policy element, replacing the conventional TOS with a set of required online transactional forms for participants, and posting a collection of rules, policies, guidelines, and technical requirements, here's a [http://www.bestessays.com/ custom term papers]. <br>

	For project sponsors who are not nonprofit organizations, the legal framework should probably include a somewhat conventional TOS, and an uploading click-through form. However, they should also explore the tools and techniques that the nonprofit open source and open content projects have developed, and consider how similar approaches may benefit their own projects—keeping in mind that in doing so, they are obligated to comply with the applicable public licenses and other obligations that are imposed by the nonprofit organizations.<br>		For project sponsors who are not nonprofit organizations, the legal framework should probably include a somewhat conventional TOS, and an uploading click-through form. However, they should also explore the tools and techniques that the nonprofit open source and open content projects have developed, and consider how similar approaches may benefit their own projects—keeping in mind that in doing so, they are obligated to comply with the applicable public licenses and other obligations that are imposed by the nonprofit organizations.<br>

	The examples link to pages from Wikipedia Foundation sites, which is one of the most impressive and successful open content projects.<br>		The examples link to pages from Wikipedia Foundation sites, which is one of the most impressive and successful open content projects.<br>
-

	===Discussion===		===Discussion===

Mikeh at 04:34, 17 September 2006

Mikeh — Sun, 17 Sep 2006 04:34:26 GMT

←Older revision		Revision as of 04:34, 17 September 2006
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-	Back to [[WikiContent:Community_Portal]]<br>
	===Questions Considered===		===Questions Considered===
	What kind of legal framework is needed for an open content project that is not sponsored by a nonprofit organization? How would it compare with the legal frameworks used by nonprofits for their projects?<br>		What kind of legal framework is needed for an open content project that is not sponsored by a nonprofit organization? How would it compare with the legal frameworks used by nonprofits for their projects?<br>

Mikeh: /* D. Transactions */

Mikeh — Sun, 20 Aug 2006 03:42:18 GMT

D. Transactions

←Older revision		Revision as of 03:42, 20 August 2006
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	-Wikibooks registration:<br>		-Wikibooks registration:<br>
	--http://en.wikibooks.org/w/index.php?title=Special:Userlogin&returnto=Wikibooks:Introduction<br>		--http://en.wikibooks.org/w/index.php?title=Special:Userlogin&returnto=Wikibooks:Introduction<br>
-

	* Uploading content:		* Uploading content:

Mikeh: /* D. Transactions */

Mikeh — Sun, 20 Aug 2006 03:41:55 GMT

D. Transactions

←Older revision		Revision as of 03:41, 20 August 2006
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	The Foundation pages require that the participant ensure that all the rights necessary to contribute any third party content have been obtained, and require a fair amount of detail as to the source of the content and related matters.		The Foundation pages require that the participant ensure that all the rights necessary to contribute any third party content have been obtained, and require a fair amount of detail as to the source of the content and related matters.
-

	-Wikibooks upload form:<br>		-Wikibooks upload form:<br>
	--http://en.wikibooks.org/wiki/Special:Upload<br>		--http://en.wikibooks.org/wiki/Special:Upload<br>
-
	-Wikicommons upload form:<br>		-Wikicommons upload form:<br>
	--http://commons.wikimedia.org/wiki/Special:Upload<br>		--http://commons.wikimedia.org/wiki/Special:Upload<br>
-
	-Wikicommons upload “first steps”:<br>		-Wikicommons upload “first steps”:<br>
	--http://commons.wikimedia.org/wiki/Commons:First_steps<br>		--http://commons.wikimedia.org/wiki/Commons:First_steps<br>
-
	-Wikipedia upload form:<br>		-Wikipedia upload form:<br>
	--http://en.wikipedia.org/wiki/Special:Upload<br>		--http://en.wikipedia.org/wiki/Special:Upload<br>
-
	-Wikipedia upload “how to”:<br>		-Wikipedia upload “how to”:<br>
	--http://en.wikipedia.org/wiki/Wikipedia:Uploading_images<br>		--http://en.wikipedia.org/wiki/Wikipedia:Uploading_images<br>

Mikeh at 03:40, 20 August 2006

Mikeh — Sun, 20 Aug 2006 03:40:54 GMT

(Difference between revisions)

Mikeh at 03:30, 20 August 2006

Mikeh — Sun, 20 Aug 2006 03:30:21 GMT

Mikeh at 03:28, 20 August 2006

Mikeh — Sun, 20 Aug 2006 03:28:25 GMT

←Older revision		Revision as of 03:28, 20 August 2006
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	====1. Traditional Legal Frameworks====		====1. Traditional Legal Frameworks====

-	The traditional legal framework for online projects and services consists of a set of terms of service (“TOS”), and a privacy policy, which the user is required to accept as a condition of participation. ~~Users~~ generally are required to indicate their acceptances of the TOS when they register by clicking-through an “I accept” button. Also, ~~users~~ generally have the opportunity to print or download the TOS.	+	The traditional legal framework for online projects and services consists of a set of terms of service (“TOS”), and a privacy policy, which the user is required to accept as a condition of participation. Participants generally are required to indicate their acceptances of the TOS when they register by clicking through an “I accept” button. Also, participants generally have the opportunity to print or download the TOS.

	Terms of service often explicitly prohibit fraud, harassment, false user IDs, piracy, and other illicit behavior. They also disclaim and limit liability for defects, disclaim warranties, establish dispute resolution procedures, authorize the site owner to limit or block an erring user’s access and participation, establish remedies for breach, specify communications channels and contacts, and provide that users indemnify the site’s owner against third party claims.		Terms of service often explicitly prohibit fraud, harassment, false user IDs, piracy, and other illicit behavior. They also disclaim and limit liability for defects, disclaim warranties, establish dispute resolution procedures, authorize the site owner to limit or block an erring user’s access and participation, establish remedies for breach, specify communications channels and contacts, and provide that users indemnify the site’s owner against third party claims.
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	One of the most important differences between open project policies and guidelines, and the generally smaller set of TOS requirements, is that although the policies and guidelines are not the result of democracy (see Wikipedia: Policies and guidelines page), they do result from user/participant/administrator/organizational consensus. In contrast, a TOS is a unilaterally drafted contract.		One of the most important differences between open project policies and guidelines, and the generally smaller set of TOS requirements, is that although the policies and guidelines are not the result of democracy (see Wikipedia: Policies and guidelines page), they do result from user/participant/administrator/organizational consensus. In contrast, a TOS is a unilaterally drafted contract.

-	In terms of designing a legal framework for content-building projects, another important ~~differences~~ between a nonprofit ~~like Wikimedia Foundation~~ and ~~O’Reilly~~ is that ~~the Foundation~~ is ~~much~~ less likely to be a litigation target.	+	In terms of designing a legal framework for content-building projects, another important difference between a nonprofit organization and a private or corporate sponsor is that a nonprofit is less likely to be a litigation target, and is usually operating in less complex risk and financial environments.

-	==~~AOC~~ Project Framework – Topics, Transactions and Foundation Models==	+
-	The basic ~~AOC~~ legal framework needs to cover a discrete set of topics and transactions, which are described in this section. The descriptions include links to Wikipedia Foundation project pages, which illustrate how the Foundation handles them.	+	====Specific Project Framework – Topics, Transactions and Foundation Models====
		+	The basic legal framework needs to cover a discrete set of topics and transactions, which are described in this section. The descriptions include links to Wikipedia Foundation project pages, which illustrate how the Foundation handles them.

	The topics are organized in the following categories: topics concerning scope, definitions, and roles; topics relevant to contributing participants; topics; and topics relevant to readers and the general public.		The topics are organized in the following categories: topics concerning scope, definitions, and roles; topics relevant to contributing participants; topics; and topics relevant to readers and the general public.
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	The transactions, registration and uploading, and are discussed after the topics.		The transactions, registration and uploading, and are discussed after the topics.

-	===A. Topics Concerning Project Scope, Definitions, and Roles===	+	=====A. Topics Concerning Project Scope, Definitions, and Roles=====
-	* Mission/Definition	+	• Mission/Definition
	The description of the project calibrates subsequent rules and procedures. Although it intuitively may not seem like part of the “legal” framework, without a clearly expressed		The description of the project calibrates subsequent rules and procedures. Although it intuitively may not seem like part of the “legal” framework, without a clearly expressed
	context, legal rules are meaningless and hard to enforce.		context, legal rules are meaningless and hard to enforce.
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	http://en.wikipedia.org/wiki/Wikipedia:Community_Portal		http://en.wikipedia.org/wiki/Wikipedia:Community_Portal

-	===B. Topics Relevant to Contributing Participants===	+
-	• Desirable Contribution Attributes	+
		+	=====B. Topics Relevant to Contributing Participants=====
		+	* Desirable Contribution Attributes
	Users are provided with descriptions and examples of valuable contributions, conveying a feeling for what the project has in mind. The Wikipedia “first article” page is a good example.		Users are provided with descriptions and examples of valuable contributions, conveying a feeling for what the project has in mind. The Wikipedia “first article” page is a good example.

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	* Licensing and Intellectual Property (Input)		* Licensing and Intellectual Property (Input)
-	The project makes clear who owns what, and the rights that they are required to make available to the project and the public. Note ~~that Wikipedia~~ advises participants with specific issues to ask a lawyer (not the Foundation).	+	The project makes clear who owns what, and the rights that they are required to make available to the project and the public. The participants are required to make any contributed content available under an open public license (“Open License”), such as a Creative Commons license. Note the Foundation advises participants with specific issues to ask a lawyer (not the Foundation).

	Wikicommons licensing:		Wikicommons licensing:
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	Copyright discussion:		Copyright discussion:
	http://en.wikipedia.org/wiki/Wikipedia:Copyrights		http://en.wikipedia.org/wiki/Wikipedia:Copyrights
		+
		+

	* Collaboration, Communication, and Etiquette		* Collaboration, Communication, and Etiquette
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	* Consideration for Contributions		* Consideration for Contributions
-	Essentially, participants need to understand that they aren’t being paid, that there is no guarantee that any particular use will be made of their work, and ~~(perhaps)~~ that there is no “credit” for their contributions or participation. The consideration for their contributions is the opportunity to participate.	+	Essentially, participants need to understand that they aren’t being paid, that there is no guarantee that any particular use will be made of their work, and that there is no specific “credit” for their contributions or participation, apart from the “history” annotations in the project pages and any attribution requirements in the Open License. The consideration for their contributions is the opportunity to participate.

	Why contribute:		Why contribute:
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-	===C. Additional Topics -- Primarily Relevant to Users (Readers) and the General Public===	+	=====C. Additional Topics -- Primarily Relevant to Users (Readers) and the General Public=====
	* Disclaimers, DMCA -- ISP Safer Harbor, and Trademark Notices		* Disclaimers, DMCA -- ISP Safer Harbor, and Trademark Notices
-	The Foundation pages mostly follow conventional models, but its privacy policy covers some interesting points.	+	The Foundation pages mostly follow conventional models, but its privacy policy covers some interesting points and is relatively user-friendly.

	Privacy policy:		Privacy policy:
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	* Use and Reuse under Applicable Public License		* Use and Reuse under Applicable Public License
-	This provides basic information about reuse rights, with appropriate links to the license and information provided by the ~~license~~ source (Creative Commons). Users with specific issues should be advised to ask the license source, and/or retain their own counsel.	+	This provides basic information about reuse rights, with appropriate links to the license and information provided by the Open License source (such as Creative Commons). Users with specific issues should be advised to ask the license source, and/or retain their own counsel.

	Rules for readers:		Rules for readers:
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-	===D. Transactions===	+	=====D. Transactions=====

	* Registration		* Registration
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	The Foundation pages require that the participant ensure that all the rights necessary to contribute any third party content have been obtained, and require a fair amount of detail as to the source of the content and related matters.		The Foundation pages require that the participant ensure that all the rights necessary to contribute any third party content have been obtained, and require a fair amount of detail as to the source of the content and related matters.

-	Exhibit 2 is a draft set of AOC uploading provisions.

	Wikibooks upload form:		Wikibooks upload form:

Mikeh at 03:22, 20 August 2006

Mikeh — Sun, 20 Aug 2006 03:22:47 GMT

←Older revision		Revision as of 03:22, 20 August 2006
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	Back to [[WikiContent:Community_Portal]]<br>		Back to [[WikiContent:Community_Portal]]<br>
-	===~~Background~~===	+	===Questions Considered===
-	~~The work The Art~~ of ~~Community (“AOC Project”) will be created by two authors, working with designated O’Reilly editors. The public will be invited to participate by uploading~~ content~~, adding contents, and editing text. O’Reilly will host the~~ project ~~using the MediaWiki software package which~~ is ~~maintained~~ by ~~Wikipedia Foundation Inc. and licensed under the GNU General Public License. All content, including the content posted by O’Reilly, will be subject to~~ a ~~public license (most likely a Creative Commons license) which permits virtually unrestricted reuse.~~	+	What kind of legal framework is needed for an open content project that is not sponsored by a nonprofit organization? How would it compare with the legal frameworks used by nonprofits for their projects?<br>
-		+
-	~~Participants will be required to register. The project will be supported by advertising.~~	+
-		+
-	~~O’Reilly anticipates that an AOC community will develop as~~ the ~~AOC project develops.~~	+
-		+
-	~~O’Reilly plans to publish works in print and other media based on selections of AOC project content, e.g. “Best of AOC.”~~	+
-		+
-	~~Question~~	+
-	~~What kind of~~ legal ~~framework is needed to support the AOC project~~?	+

	===Summary===		===Summary===
-	Many nonprofit open source projects, and open content-building projects like Wikipedia, have adapted the traditional “terms of service/privacy policy” legal framework for managing online services by retaining the privacy policy element, replacing the conventional TOS with a set of required online transactional forms for participants, and posting a collection of rules, policies, guidelines, and technical requirements.	+	Many nonprofit open source projects, and open content-building projects like Wikipedia, have adapted the traditional “terms of service/privacy policy” legal framework for managing online services by retaining the privacy policy element, replacing the conventional TOS with a set of required online transactional forms for participants, and posting a collection of rules, policies, guidelines, and technical requirements. <br>
-		+
-	Because O’Reilly is not a nonprofit organization, the legal framework needed for the AOC Project should retain a somewhat conventional TOS, which works in coordination with an uploading click-through form, but O’Reilly may also want to consider adopting other practices used by nonprofit projects.	+

-	~~Two key documents for~~ the ~~Project will be~~ a TOS, and an ~~upload~~ form. ~~Preliminary drafts~~ are ~~provided as exhibits~~ to ~~this memorandum,~~ and ~~as separate Word files~~.	+	For project sponsors who are not nonprofit organizations, the legal framework should probably include a somewhat conventional TOS, and an uploading click-through form. However, they should also explore the tools and techniques that the nonprofit open source and open content projects have developed, and consider how similar approaches may benefit their own projects—keeping in mind that in doing so, they are obligated to comply with the applicable public licenses and other obligations that are imposed by the nonprofit organizations.<br>

-	~~This memorandum also outlines basic legal framework content, with links to~~ examples of Wikipedia Foundation ~~pages~~.	+	The examples link to pages from Wikipedia Foundation sites, which is one of the most impressive and successful open content projects.<br>

Mikeh at 22:29, 19 August 2006

Mikeh — Sat, 19 Aug 2006 22:29:47 GMT

←Older revision		Revision as of 22:29, 19 August 2006
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		+	Back to [[WikiContent:Community_Portal]]<br>
	===Background===		===Background===
	The work The Art of Community (“AOC Project”) will be created by two authors, working with designated O’Reilly editors. The public will be invited to participate by uploading content, adding contents, and editing text. O’Reilly will host the project using the MediaWiki software package which is maintained by Wikipedia Foundation Inc. and licensed under the GNU General Public License. All content, including the content posted by O’Reilly, will be subject to a public license (most likely a Creative Commons license) which permits virtually unrestricted reuse.		The work The Art of Community (“AOC Project”) will be created by two authors, working with designated O’Reilly editors. The public will be invited to participate by uploading content, adding contents, and editing text. O’Reilly will host the project using the MediaWiki software package which is maintained by Wikipedia Foundation Inc. and licensed under the GNU General Public License. All content, including the content posted by O’Reilly, will be subject to a public license (most likely a Creative Commons license) which permits virtually unrestricted reuse.

Mikeh at 22:28, 19 August 2006

Mikeh — Sat, 19 Aug 2006 22:28:46 GMT

←Older revision		Revision as of 22:28, 19 August 2006
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-	==C. Additional Topics -- Primarily Relevant to Users (Readers) and the General Public==	+	===C. Additional Topics -- Primarily Relevant to Users (Readers) and the General Public===
	* Disclaimers, DMCA -- ISP Safer Harbor, and Trademark Notices		* Disclaimers, DMCA -- ISP Safer Harbor, and Trademark Notices
	The Foundation pages mostly follow conventional models, but its privacy policy covers some interesting points.		The Foundation pages mostly follow conventional models, but its privacy policy covers some interesting points.
Line 230:		Line 230:


-	==D. Transactions==	+	===D. Transactions===

	* Registration		* Registration

←Older revision		Revision as of 03:30, 20 August 2006
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	====1. Traditional Legal Frameworks====		====1. Traditional Legal Frameworks====

-	The traditional legal framework for online projects and services consists of a set of terms of service (“TOS”), and a privacy policy, which the user is required to accept as a condition of participation. Participants generally are required to indicate their acceptances of the TOS when they register by clicking through an “I accept” button. Also, participants generally have the opportunity to print or download the TOS.	+	The traditional legal framework for online projects and services consists of a set of terms of service (“TOS”), and a privacy policy, which the user is required to accept as a condition of participation. Participants generally are required to indicate their acceptances of the TOS when they register by clicking through an “I accept” button. Also, participants generally have the opportunity to print or download the TOS.<br>

-	Terms of service often explicitly prohibit fraud, harassment, false user IDs, piracy, and other illicit behavior. They also disclaim and limit liability for defects, disclaim warranties, establish dispute resolution procedures, authorize the site owner to limit or block an erring user’s access and participation, establish remedies for breach, specify communications channels and contacts, and provide that users indemnify the site’s owner against third party claims.	+	Terms of service often explicitly prohibit fraud, harassment, false user IDs, piracy, and other illicit behavior. They also disclaim and limit liability for defects, disclaim warranties, establish dispute resolution procedures, authorize the site owner to limit or block an erring user’s access and participation, establish remedies for breach, specify communications channels and contacts, and provide that users indemnify the site’s owner against third party claims.<br>

-	If financial transactions take place, there may also be separate sales terms and conditions that are triggered by participation in the transaction.	+	If financial transactions take place, there may also be separate sales terms and conditions that are triggered by participation in the transaction. <br>

-	If the user is going to upload content, he or she is usually required by a click through upload form to warrant the content and agree to reuse conditions.	+	If the user is going to upload content, he or she is usually required by a click through upload form to warrant the content and agree to reuse conditions.<br>

-	Intellectual property ownership, reuse, and related issues are handled through proprietary notices, other legal notices (such as the DMCA ISP safe harbor notice), disclaimers, and (sometimes) public licenses. Many of these matters are included in the TOS.	+	Intellectual property ownership, reuse, and related issues are handled through proprietary notices, other legal notices (such as the DMCA ISP safe harbor notice), disclaimers, and (sometimes) public licenses. Many of these matters are included in the TOS.<br>

	====2. Open Source and Open Content Project Frameworks.====		====2. Open Source and Open Content Project Frameworks.====

-	Open source and open content projects typically follow a similar model, but with a different focus. For example, on Wikipedia Foundation sites, a participant who wants to contribute content or edit is required to register, but registration merely entails reading and entering a displayed term to prove that he or she is not a machine, and choosing a password and user name. The first screen that a newly-registered user encounters suggests that the user read the Wikipedia policies and guidelines, which turn out to include a surprisingly large amount of material, but the participant is not required to click through to indicate his or her acceptance.	+	Open source and open content projects typically follow a similar model, but with a different focus. For example, on Wikipedia Foundation sites, a participant who wants to contribute content or edit is required to register, but registration merely entails reading and entering a displayed term to prove that he or she is not a machine, and choosing a password and user name. The first screen that a newly-registered user encounters suggests that the user read the Wikipedia policies and guidelines, which turn out to include a surprisingly large amount of material, but the participant is not required to click through to indicate his or her acceptance. <br>

-	The user is required nevertheless to conform to numerous policies and guidelines -- arguably many more policies and guidelines than one encounters in conventional terms of service.	+	The user is required nevertheless to conform to numerous policies and guidelines -- arguably many more policies and guidelines than one encounters in conventional terms of service. <br>

-	In order to upload content, the user is required to complete and click through an upload form that requires the user to supply a significant amount of detail about the content and its sources.	+	In order to upload content, the user is required to complete and click through an upload form that requires the user to supply a significant amount of detail about the content and its sources. <br>

	====3. Differences====		====3. Differences====

-	One of the most important differences between open project policies and guidelines, and the generally smaller set of TOS requirements, is that although the policies and guidelines are not the result of democracy (see Wikipedia: Policies and guidelines page), they do result from user/participant/administrator/organizational consensus. In contrast, a TOS is a unilaterally drafted contract.	+	One of the most important differences between open project policies and guidelines, and the generally smaller set of TOS requirements, is that although the policies and guidelines are not the result of democracy (see Wikipedia: Policies and guidelines page), they do result from user/participant/administrator/organizational consensus. In contrast, a TOS is a unilaterally drafted contract. <br>

-	In terms of designing a legal framework for content-building projects, another important difference between a nonprofit organization and a private or corporate sponsor is that a nonprofit is less likely to be a litigation target, and is usually operating in less complex risk and financial environments.	+	In terms of designing a legal framework for content-building projects, another important difference between a nonprofit organization and a private or corporate sponsor is that a nonprofit is less likely to be a litigation target, and is usually operating in less complex risk and financial environments. <br>


	====Specific Project Framework – Topics, Transactions and Foundation Models====		====Specific Project Framework – Topics, Transactions and Foundation Models====
-	The basic legal framework needs to cover a discrete set of topics and transactions, which are described in this section. The descriptions include links to Wikipedia Foundation project pages, which illustrate how the Foundation handles them.	+	The basic legal framework needs to cover a discrete set of topics and transactions, which are described in this section. The descriptions include links to Wikipedia Foundation project pages, which illustrate how the Foundation handles them.<br>

-	The topics are organized in the following categories: topics concerning scope, definitions, and roles; topics relevant to contributing participants; topics; and topics relevant to readers and the general public.	+	The topics are organized in the following categories: topics concerning scope, definitions, and roles; topics relevant to contributing participants; topics; and topics relevant to readers and the general public.<br>

-	The transactions, registration and uploading, and are discussed after the topics.	+	The transactions, registration and uploading, and are discussed after the topics.<br>

	=====A. Topics Concerning Project Scope, Definitions, and Roles=====		=====A. Topics Concerning Project Scope, Definitions, and Roles=====
-	• Mission/Definition	+	* Mission/Definition
-	The description of the project calibrates subsequent rules and procedures. Although it intuitively may not seem like part of the “legal” framework, without a clearly expressed	+	The description of the project calibrates subsequent rules and procedures. Although it intuitively may not seem like part of the “legal” framework, without a clearly expressed context, legal rules are meaningless and hard to enforce.<br>
-	context, legal rules are meaningless and hard to enforce.	+

-	The mission statement says: “This project aims to [description] that will be useful to [whom] for [what].”	+	The mission statement says: “This project aims to [description] that will be useful to [whom] for [what].”<br>

-	Note that Wikipedia Foundation sites make a point of explaining what a project “is not.” This is a very useful concept.	+	Note that Wikipedia Foundation sites make a point of explaining what a project “is not.” This is a very useful concept.<br>

-	Wikipedia introduction:	+	-Wikipedia introduction:
-	http://en.wikipedia.org/wiki/Wikipedia:Introduction	+	-http://en.wikipedia.org/wiki/Wikipedia:Introduction

	Wikibooks introduction:		Wikibooks introduction: