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9 Open Licensing Peer Production

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Mélanie Dulong de Rosnay

This chapter traces the evolution of legal conditions meant to support the production and flourishing of digital, knowledge, intellectual or information commons by facilitating access and reuse while preserving them from enclosure. Licenses have been drafted and fine‐tuned in order to subvert and adapt copyright rules designed to reserve rather than to grant rights. Different legal options and conditions set up by peer‐production platforms, or single creators, to users and potential audience can ensure different levels of openness, leading to the construction of informational, cultural, knowledge, or digital commons. From free and open source software to creative works, including scientific articles, cultural heritage, public sector information, and open data, the nature of works which can be peer produced and subjected to an open license extended to functional works such as databases and tangible output, such as open hardware and Internet infrastructure. Reflecting political debates and ideologies in the digital commons sphere, licensing options oscillate between public domain, copyleft, and the reservation or the control of commercial use and derivative rights.

The Handbook of Peer Production

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