[cc-community] The big problem with the Spoon video and CC

Claudio Ruiz claudio at derechosdigitales.org
Fri Aug 24 10:57:49 EDT 2007


Actually, my point is about the technical impossibly of downloading and 
then edit, remix, etc, when the copyright owner upload his content to a 
website like Youtube.

I think Youtube is a great idea, but I'm not so sure that its technical 
form to distribute (?) videos would be fine to free culture. Is more 
about Youtube like a "fake-sharing" site (Lessig dixit) than a real 
sharing website, as Flickr.

Cheers!
Claudio


Terry Hancock escribió:
> Fred Benenson wrote:
>   
>> I believe it's still possible to download the flash files from YouTube.
>> While it's not a preferred format, it's better than nothing:
>>
>> https://addons.mozilla.org/en-US/firefox/addon/2390
>>
>> The question is whether or not this is working around a TPM or just a
>> "feature" of YouTube.
>>     
>
> Well, I'm not a big YouTube user (and this is one of the reasons!), but
> what I've seen of their site suggests that it is definitely intended as
> a technical barrier to downloading the video files.
>
> OTOH, presuming that it was the copyright owner who uploaded the files
> to YouTube, the CC license restriction wasn't violated. ISTM, though,
> that if someone else uploaded a CC file to YouTube, the license would be
> violated.
>
> Does the choice of a CC license legitimize such workarounds?
>
> I think that if the YouTube software is regarded as a "DRM", that it
> does not legalize the practice under US law -- the DMCA doesn't care
> whether the use is legal or permitted by the license: all workarounds
> for DRM are illegal -- indeed they are *criminal*.
>
> So nice to live in the "land of the free". :-/
>
> Cheers,
> Terry
>
>
>
> IANAL, TINLA, etc. Don't rely on legal advice from mailing lists!
>
>   

-- 
Claudio Ruiz Gallardo
Director
ONG Derechos Digitales
Diagonal Paraguay 458, Piso 2
Fono: +562 632 36 60
Código Postal 833 00 51, Santiago, Chile.
<http://www.derechosdigitales.org>
<mailto:claudio at derechosdigitales.org>
<IM>Jabber/GTalk: claudioruiz at gmail.com

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