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(reminder: all quotes here are fiddled, probably.)

Open and free

  • 溯洄從之

  • 一些思緒.

    柳永為舉子時,多游狹邪,善為歌辭。教坊樂工每得新腔,必求永為辭,始行於世,於是聲傳一時。余仕丹徒,嘗見一西夏歸朝官云:‘凡有井水處,即能歌柳詞。’

    ---葉夢得《避暑錄話》


    1. 也許你不知道誰是柳永, 讓我們想想李白,杜甫的作品. 想想他們身處的時代. 甚麼叫做廣泛流傳? 如何流傳? 有多少東西是以他們的作品改編而成?

    1.1 打開唐詩宋詩箋注, 這些作品的每一句都有一連串長長的出處. 這表示甚麼? 抄襲, 使用, 改寫......

    2. Open and Free. 自由與開放. 共享與再創作.

    3. 為甚麼那麼喜歡用似明確實模糊的`版權'來思考? 需要嗎?

    3.1. 版權跟原作者其實沒有必然直接的關係. 錢由誰賺的關係還要大些.

    4. 上次所謂`抄文'事件, 問題在有人存心冒認自己是作品的作者.

    5. 講到底, 關鍵只在於要有proper citation.

    6. 有人拿CC來表明自己的作品是有版權的, `提示'他人不要亂來. 其實CC的重點剛好相反. 一般商業版權的思路是ALL rights reserved. 基本態度即是, 商業版權是不准用(除了講明的例外); CC相反, 是隨便用(除了講明的例外).

    7. 上面所謂用, 是個縮略講法, 包括覆製, 使用, 改裝等等.

    8. `歷史告訴我們:珍惜自由,否則你就會失去它。'

    Value your freedom, or you will lose it, teaches history. ``Don't bother us with politics,'' respond those who don't want to learn.

    --Linux, GNU, and freedom


    9. 這是文化, 這是意識形態: `spreading freedom and cooperation, replacing proprietary stuff that forbids cooperation, and thus make our society better.(Copyleft: Pragmatic Idealism)' 你同意不同意?

    9.1 這裡所謂cooperation. 是就廣義而言, 指作品有不同人的參與. 不一定是約定的, 也可以指借用前人作品再創作. 例如勁歌金曲 => 古巨基的勁歌金曲 => 東宮西宮之西九龍皇帝的香港輓歌.

    10. 要講版權, 先從自由/開放軟體說起:

    當世界各地的原始部落都還在茹毛飲血, 埃及/巴比倫/中國/印度等等文明都算是遙遠的未來式的一個時代, 地球上已經出現了一個最早懂得用火的古文明。 有關這個文明的事蹟, 我們所知不多, 只知道他們除了科技先進之外, 在法律觀念上更是直逼現代社會。 他們認為鑽木取火是一件非常辛苦的事情 (不認同這個看法的朋友一定沒有看過 Tom Hanks 在 「浩劫餘生」 片中為了取火而刺傷手的狼狽可憐模樣 -- 下次你自己試試看就知道有多困難了) 而火所具有的「致灰」能力, 更是一種有價值的財產。 為了促進社會的進步, 如果不立法加以保護, 有誰會願意鑽木取火呢? 因此他們發明了 「致灰財產權」 的抽象觀念, 立法防止火焰任意散佈, 以免傷害到擁有人的經濟權益。 有關這段歷史, 請見 「Fire, Work with me」 一文。

    --酋長與巫醫的對談:自由火焰的經濟價值


    11. link (這裡指廣義的trackback link, 如上面出處的link) 不但不是侵害原作, 反而是給與proper credit之舉. 要問准的觀念不知何來.

    11.1. 問准, 勉強可以理解為`請問這個座位有沒有人坐?'之類的禮數

    12. scan一本雜誌的封面,放在網上, 圖中清楚顯示該雜誌的LOGO, 為甚麼是侵權而不是(變相)宣傳?

    12.1. 社會要問的不是法律怎樣定, 而是應該怎樣定, 有甚麼道理要如此定.

    12.2. 一個社會如果不能容許這種創作(親愛的客戶提及的兩年前曾犯過類似的情況), 這個社會有病.

    12.3. 版權跟原作者其實沒有必然直接的關係. 跟錢由誰賺的關係還要大些.

    13. 想起兩個字: 扼殺.

    59 Comments:

    :: Blogger sc (13.06.05, 01:21   ) sagt...

    我也是比較支持copyleft的概念。

    近日媒界也多談版權, 卻似乎很少說到版權/專利權有甚麼毛病。現在說版權, 跟甚麼公眾利益、創作環境都不太相干, 也只是錢的問題而已。



    :: Blogger sidekick (13.06.05, 17:49   ) sagt...

    唔記得同你講,
    我好鬼鍾意呢篇文~ ^o^



    :: Anonymous Anonym (13.06.05, 23:02   ) sagt...

    Copyright can be extremely problematic to the spread of knowledge. We should acknowledge it, but we mustn't over emphasise it, for this would stop us from evoulving, improving. We must tread carefully about this intellectual property, because this might be a tool of rich countries controlling less economically developed countries.

    Read more about IP on http://slashdot.org, and you know many people have many opinions about this.



    :: Blogger sf (14.06.05, 01:14   ) sagt...

    謝謝小踢, 讚美是最好的鼓勵, 你看我馬上多有活力寫BLOG. :P

    謝謝思存兄一針見血地點出香港媒界談版權的問題. 我的意見是, 今天要談版權, 一個好的進路是從自由/開碼軟體開始.

    也謝謝28481K介紹slashdot.org. 它是個某個世界的核心, 我這個後輩天天都看, 得益良多. BTW, 28481K既提起slashdot.org. 想必是同道中人. 來來來, 讓我們扮扮禪宗的禪師, 印一印心法: 敢問28481K君, slashdot是甚麼意思?



    :: Anonymous Anonym (14.06.05, 15:29   ) sagt...

    Well, since sf made such a great compliment to me. I've decided to reply this even though I'm almost on the verge of total collapse. :P

    Slashdot, or /. as it's also known, illustrates the two most important symbol of the URL, hence its extended meaning of the Internet and eventually the IT world. Now the word "slashdot seems to evolve into three meaning, which are verbs:

    1. The citation of a certain news or event on Slashdot. This is often distorted citation in some cases as editor seems to have a poor ability to distinglish the main point from what they're interested.
    2. The subsequent discussion which often diverges from the original meaning of the post. In fact, being "slashdotted" means the the thread is often hijacked by out-of-topic discussions.
    3. The subsequent increased viewing of the original source (as long as it's English) which often means increased traffic to a particular page to a point that the server couldn't handle.

    Many slashdotter enjoyed discussions in Slashdot, often create heated debate which spans about 300 post in a single thread. Slashdot employs a grading system so that people could discriminate better post from flamebait ones. Though this grading system is also often discussed as it's definitely not impartial.



    :: Blogger sf (15.06.05, 00:30   ) sagt...

    哈哈, 28418K君, 你真認真. 認真得令人不禁想起 `it's important of being ernest'. :P

    之前的留言童心未泯,鬧著玩而已. 請別介懷. 如果我沒有猜錯. 你應該不是vi人. 大概也沒有用過more or less. 對嗎?

    衷心說的: 歡迎來訪. 歡迎得閒再來這裡聊聊.

    :)



    :: Anonymous Anonym (15.06.05, 07:58   ) sagt...

    No, I'm not an vi user so I don't have a clue what this stands for in vi. However, since Slashdot searches a lot of news, I would guess it is a system command of some search items.

    I did a search about this particular command, it is infact a matched search as I understand, or is it? If you use a more or less sign to quote the expression you would like to searc.h In that sense than I know what Slashdot means and why it exists... To bad I havne't been a Linux or Unix user so I'm really ignorant about this thing.



    :: Blogger Roger (15.06.05, 11:45   ) sagt...

    I agree.

    We should respect the authors by acknowledging their contribution.

    Yet it is totally different from recognizing their absolute right over all possible income derived from their works.



    :: Blogger sf (17.06.05, 01:36   ) sagt...

    28481k君,我鬧著玩, 你別太認真. 知不知道/.的意思,沒甚麼大不了.跟COPYRIGHT的見解高不高明更沒關係.

    vi是text editor; 而more及less則是text viewers, 勉強說跟dos 裡的type`差不多'. 在這些程式都是UNIX的經典工具, 搜尋功能超強(多得regexp!).

    你猜對了, 在這些經典工具裡,

    /是search; .是WIDECHAR

    /. 即 search everything

    現在這些GNU工具都有window版,真好.



    :: Blogger sf (17.06.05, 01:57   ) sagt...

    28481K君, 我想指出的反而是/.背後的GNU文化.



    :: Anonymous Anonym (17.06.05, 05:11   ) sagt...

    Thanks for clarifying what's /. command in vi. And also introduce the idea of more or less in text searching...

    I support GNU movement, because I believe in an ideal or near-to-ideal world when everyone helps each other, many problems would be solved quickly. We often know about the pains of Microsoft (just an example, because many software developer who does not follow GNU does the same): A new buggy program is released as they are hurrying a new version. Flaws are discovered, and then it takes ages to plug the hold as no-one other than Microsoft engineers know what's in the code. In the meantime, maligious users can exploit the flaw. Now, in case of free software movement with proper documentation and good coding practise, then everyone is trying their best to solve the flaw as it would affect himself as well as others. Therefore, a solution is produced, and people can use them. Now this is just one of the many advantage of free software movement, I bet there are many more. GNU movement is to produce a free version of an operating system so that it is highly adaptable without the pains of royalty payments, as long as you release your own version once you finish with it. I think this model would work in good communities but there is a concern of the perhaps lack of business case of GNU movement. For this I want to seek others idea as in how to earn from this great model.



    :: Blogger sf (17.06.05, 13:02   ) sagt...

    http://www.opensource.org/advocacy/jobs.php

    28481K兄, 你的GNU文化的解釋很清楚,也很準確. 關於商業模式, opensource.orgESR的The Cathedral and the Bazaar及The Magic Cauldron等文章, 想你必讀過. 我沒甚麼特別的心得. 也就不班門弄斧了.



    :: Blogger 映雪 (13.01.06, 14:25   ) sagt...

    手動trackback: http://blog.yam.com/lightness_snow/archives/995224.html



    :: Blogger 28481k (03.04.06, 17:14   ) sagt...

    I have decided in order to safeguard my replies, I'll make a trackback here:
    http://28481k.blogspot.com/2006/04/my-stance-on-copyright-and-slashdot.html

    I'll reply you about Xinjiang soon after I've read up a bit more.



    :: Anonymous Anonym (21.06.07, 09:36   ) sagt...

    今天寫了一篇關於版權和分享的文章
    在此也參考了你的文章 跑來説一聲..
    trackback好像不好用?不知道這裡的怎麽用...



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