[cc-community] Effective technical restrictions - Video Streaming

Tim Baumann jayday at gmx.de
Thu Dec 17 07:54:30 EST 2009


Hello,

I hope you can help me out with this... I have a question concerning the 
following lines in the CC-licenses.

"When You Distribute or Publicly Perform the Work, You may not impose 
any effective technological measures on the Work that restrict the 
ability of a recipient of the Work from You to exercise the rights 
granted to that recipient under the terms of the License." 
(http://creativecommons.org/licenses/by-sa/3.0/legalcode)

I am the creator of a CC by-sa movie (www.valkaama.com). Recently I 
became aware of a website which is hosting my work (Beta version of the 
movie). Additionally they are including small commercials before showing 
it (at least some time ago they did it, at the moment I can start the 
movie without having to watch a commercial). Well, that's all fine since 
there is no 'nc' term in the license. However I am having a problem with 
the fact, that the movie is being streamed and can be viewed only inside 
a webplayer. It means that there is no download button.

In my opinion this is a breach of the license since a user of their page 
cannot share or build upon my content offered on this webpage. Is the 
use of such a webplayer without the option of downloading the movie an 
effective technological measure for restricting access in terms of the 
license? Maybe it isn't for a versatile Internet user who knows how to 
use certain tools. But surely the Average Joe won't know how to get the 
work from them in order to share it or build upon.

There are also some other issues. For instance they give the slight 
impression that I endorsed the use of my content on their page. Apart 
from that they stream our title-song without download-button of course 
and without giving proper credit... I want to confront them with these 
issues too but before talking to them I would like to know whether I am 
right or not when it comes to the absence of a download button.

Thanks a lot,
   Tim



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