[cc-licenses] Parallel Distribution and Non-Copyleft Licenses
Rob Myers
rob at robmyers.org
Sat Dec 2 11:59:43 EST 2006
James Grimmelmann wrote:
> Greg London wrote:
>> Without any DRM clause of any kind, ShareAlike has a loophole
>> that allows DRM Dave to use the work without sharing the work
>> on his platform. Only he can distribute works on his platform.
>> Only he can create derivatives on his platform.
>
> This is true. But the same is true if DRM Dave makes snow globes that
> play a CC-licensed song. Nobody else can put derivatives (or anything
> at all) on this sort of snow globe--simply because Dave is the one with
> the manufacturing plant. Why is this not a platform monopoly of this
> troubling sort?
To address an earlier point, I am not sure that an undocumented pinout
constitutes a TPM:
http://www.boingboing.net/2004/09/01/garage_door_openers_.html
http://www.boingboing.net/2004/10/26/printer_cartridges_a.html
http://www.boingboing.net/2005/08/25/court_dmca_cant_proh.html
To return to why this isn't a "platform" monopoly; the snow globe isn't
a "platform", it is a single-use device. Or it is distribution media
with a single-use device attached.
As long as Snow Globe Sam doesn't try to restrict your use rights over
the distributed media they are not restricting your Freedom any more
than the manufacturer of a paperback book or a vinyl record are.
- Rob.
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