[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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