- Here's the fundamental problem that I, as interdisciplinary artist and independent researcher, have with current state-of-the-art as far as Licensing agreements go: There are no current licenses that work for me. That's the basic fact of the matter. Since no licenses exist that cover what I do as well as giving me the protections I need, I am forced to write my own license, which will be unique to my work, and hopefully will someday be legally binding.
- Now. The problem with that is I'm not a legal expert. So whatever you read on this or other public Github repositories created by me, is technically all covered by the actual, legally-binding licenses I have put in each repository, usually an Artistic License 2.0.
- Again, I only choose the Artistic License 2.0 because that's the only one available. What I mean is that when I create a new public repository on Github, I can choose to put a license in it, but of the licenses that Github gives me access to, none are adequate. The Artistic License 2.0 is the best one I could find out of the bunch, so I generally use that one.
- Another problem: Most of the time, I'm not actually writing source code on my public Github repositories. That causes a problem. Same problem as before, no licenses currently exist for what I'm doing.
- A lot of what I do, in my professional painting practise, let's say, is perhaps best described as a sort of "business method". It's not a business method per se, usually it's just a unique technique or methodology that I use in my art practise. But it's not necessarily something I can copyright OR patent, given current state-of-the-art as far as licenses go.
- So this public repository is dedicated to trying to work out a license that works for me, that protects the intellectual property that I'd like to protect as licensor, and that also gives rights over to licensees who might be interested in my work.
- Anything that I have said or done, created or developed or thought that was provably uniquely my independent creation will forever be solely my intellectual property as well as solely the intellectual property of my Succession, now and forever;
- It must be something that I did, invented, created, developed, worked on, worked out, and it must be unique;
- It must have my SIGNATURE or one of my SIGNATURES; If it does not have my signature, it cannot be my own freely and independently created cultural material;
- My "work" can never be used without my permission; it cannot even be referenced or linked to without my permission;
- In essence, most of what I have put on Github thus far over the years is NOT SOFTWARE. That is, it IS SOFTWARE because it is a REPOSITORY, and a GITHUB REPOSITORY is technically software. But I cannot be held liable for your uses of someone else's software. You already signed an agreement with GitHub, Inc. I am not GitHub, Inc. I cannot be held liable for something GitHub, Inc. does. BUT.....
- I still have to use Github responsibly, follow the AGREEMENT that I too agreed to. I am however using it in new and unexpected ways, but I am a professional artist and have much greater restrictions and constraints that regulate what I can do not just with applications over the web or on computers, but with any of the tools at my disposal, should I use them in my art practice in any way whatsoever, if it is done voluntarily with the intent to "DISRUPT" or do any such thing, cause undue "INTERFERENCE" with just about everything;
- There are great Limitations in Art, and I willingly decided to practice my profession. But I "learned the ropes", as they say, and achieved professional status, graciously received and gratefully accepted the recognition from my peers, etc.;
- (to be continued... this is still binding as I develop it further..)
NOTE:
- My work is not software, is not software-based. I know that makes these statements and my very presence on a site like Github rather "cumbersome". But my creative works, my cultural artifacts, cultural innovations, are not software, though they are "released" into the world. They are "distributed" publicly and have "sources" that can be accessed publicly, viewed, inspected, even reverse-engineered. The source can be "studied", "researched", but that's just about all you can do. You can CONTEMPLATE my work. That is your only license. But you still probably shouldn't contemplate it too much, too often or for too long. Hopefully you have more important things to do with your time than stare at my wall-hangings and musical ditties on the analog piano;
- You are not free to copy, modify, publish, use, or sell my art, in any form, for any purpose, commercial or non-commercial, by any means. When all jurisdictions recognize copyright laws, I as author may finally have the moral rights of my artistic productions respected locally in my neighborhood;
- I do this, put these heavy restrictions on what can be done with my work for the benefit of the public at large and to the benefit of myself, my heirs and successors. My intellectual property rights can never be relinquished, and are legally binding in perpetuity, for all time, for the past, present and future;
- WITH THAT BEING SAID, SINCE THIS PARAGRAPH IS MADE OF WRITING TEXT IT IS PROVIDED "AS IS", AND SO CANNOT PROVIDE WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO YOUR ACTS OF READING IT; I CAN ONLY DO MY BEST TO GUIDE YOU IN UNDERSTANDING MY WORDS, AND SO ANY QUESTIONS SHOULD BE DIRECTED AT ME. I WILL TRY MY BEST TO DISAMBIGUATE;
- THIS IS NOT A FORM OF OBFUSCATION OF ANY KIND; I JUST WRITE AND THINK LIKE THIS.
- THIS IS NOT SOFTWARE. THIS IS NOT SOFTWARE. THIS IS NOT SOFTWARE. NO OUTRIGHT CLAIMS ARE BEING MADE. I CANNOT WARRANT ANYTHING. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH TYPING A TEXT ABOUT PROTECTING THE MORAL RIGHTS OF MY ARTISTIC WORKS - WHICH ARE NOT SOFTWARE BUT ARE ACCESSIBLE VIA MACHINES, COMPUTERS, AND SOFTWARE;
- IT IS PRECISELY NOT IN THE "USE" OF MY CREATIVE WORK THAT ANY LIABILITY OR CLAIM OR ANY ACTION CAN BE MADE OR ARISE FROM: BUT FROM "OTHER DEALINGS IN IT". THAT IS THE KEY FOR ARTISTS IN THE 21st CENTURY: I AM RESPONSIBLE FOR MY WORK AND "OTHER DEALINGS", EVEN THOUGH I CAN'T CONTROL HOW PEOPLE USE MY WORK OR WHAT THEY DO WITH IT OR HOW THEY CONCEIVE OF OR UNDERSTAND IT;
- (to be continued, edited, remixed, by the Author...)
WARNING
- Official Anti-Signature Icon For Strict Disapproval. (Temporary)
- Official Signature Icon For Stamping Productions. (Temporary).
