[cc-community] Effective technical restrictions - Video Streaming

Carl shell_layer-creativecommons at yahoo.com.au
Fri Dec 18 16:25:23 EST 2009


Hmm...IANAL, but here's my 2c: this probably doesn't violate the licence.

The website isn't actually imposing restrictions, like encrypting the movie so only their application can use it and then making that application prevent copying. They just aren't providing the source file (unless you can extract it from the streamed version). CC licences don't have a 'provide source' requirement, like open source licences for software, so this is probably OK.

As an example, if someone prints a BY-SA picture on a card, then it's harder for you to make adaptations - especially high-quality ones - than it would be if they provided you with the original digital file, but there's no requirement for them to do that. Unless they've done something to the picture to make it unreadable by scanners, they haven't imposed technological restrictions on it; they've just published it in a format that's hard to reuse.

Carl

PS The endorsement and attribution issues are quite separate; by all means, you can complain to them about that.

> On Thu, Dec 17, 2009 at 6:24 PM,
> Tim Baumann <jayday at gmx.de>
> wrote:
> 
> 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
> 
> _______________________________________________
> 
> cc-community mailing list
> 
> cc-community at lists.ibiblio.org
> 
> http://lists.ibiblio.org/mailman/listinfo/cc-community
> 
> 
> 
> 
> -----Inline Attachment Follows-----
> 
> _______________________________________________
> cc-community mailing list
> cc-community at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-community
> 


      __________________________________________________________________________________
See what's on at the movies in your area. Find out now: http://au.movies.yahoo.com/session-times/



More information about the cc-community mailing list