[cc-licenses] CC 3 and Circumvention [Was Re: Version 3.0 - Public Discussion]

Greg London email at greglondon.com
Mon Aug 14 22:45:05 EDT 2006


> On 13 Aug 2006, at 23:20, Mike Linksvayer wrote:
>
>> I'm surprised nobody AFAICT has suggested just that -- rather than
>> disallow DRM, explicitly give authority to circumvent.  The DMCA
>> seems to
>> allow this
>
> It would be great if CC 3 licenses could give permission to
> circumvent DRM when people do exercise their Fair Use rights to add
> it. Someone at CC who IAL should definitely look at this.
>
> Two possible issues spring to my layperson's mind:
>
> * GPL 3 gives you permission as a *software* license to circumvent
> DRM systems implemented by the *software* that is itself covered by
> that license. Can CC 3, as a *content* license, give you permission
> to circumvent any *software* that is written by a different author to
> the content?
>
> * The GPL 3 is giving you the right to circumvent the system as a
> whole, for every case of its use. CC 3 would have to give you
> permission only for those specific cases where you need to break it
> to access the work. But this still means that software (or the
> knowledge that you need to hold down the shift key) must exist to
> break the DRM generally for the benefit of any CC 3 users who wish to
> do so.

A CC license would authorize you to circumvent any DRM that
restricts the rights to that particular CC work. Someone
would have to reverse engineer it, but you said this
is fairly easy in the community and if its legal, that
should speed things up a bit.

Since CC licenses aren't meant for software, I don't see a
need to authorize the circumvention of the work itself as
if it were software, but hey, maybe that could get rolled in
just to be safe?

Of course, I haven't heard any yes/no statements from the
Debian side of things, as to whether this would satisfy
Debian's requirements, so it might be that this is all
building castles out of mud.

Last I heard, Debian decreed that DRM shall ahve no restrictions,
no matter what, no exceptions, no forwarding address, no zip code.

(Elvis)
Retuuurrrn to Sender.
Addresssss Unknown.
No such number.
No such zone.
(/Elvis)

-- 
Wikipedia and the Great Sneetches War
http://www.somerightsreserved.org

What happens when one editor prefers
Sneetches with stars on their bellies,
and another editor prefers no stars on thars.




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