[cc-licenses] (no subject)
nic at suzor.com
Mon Dec 4 21:56:25 EST 2006
On 12/5/06, drew Roberts <zotz at 100jamz.com> wrote:
> On Monday 04 December 2006 08:36 pm, Nic Suzor wrote:
> > On 12/5/06, Greg London <email at greglondon.com> wrote:
> > > copyleft isn't simply about the content.
> > >
> > > Ned creates some content.
> > > He licenses it CC-SA-NC.
> > >
> > > You will get a copy of all the content.
> > > But only Ned can sell it.
> > Only Ned can sell it _on that platform_.
> It is NC, only Ned can do so period, except for the tricky sell it but it's
> not a commercial use tricks.
I apologise. I meant "Only DRM-Dave can sell it _on that platform_":
> > > And DRM-Dave with DRM-only hardware
> > > monopolizing his position to be the
> > > only person who can sell CC-SA content,
> > > is as bad for the community as CC-SA-NC.
> Any ideas on effective strategies?
In Australia we've recently adopted a very broad restriction on
circumvention of access control technological protection measures,
which are only applied "in connection with the exercise of copyright".
We had quite a lot of debate here about whether this should instead
only apply to measures "designed, in the normal course of its
operation, to prevent or inhibit the doing of an act: (i) that is
comprised in the copyright; and (ii) that would infringe the
copyright". We lost this argument, but not before making some
considerable headway in both the Senate and House of Representatives
There's still some room for interpretation under the new Australian
legislation as to whether the new carve-outs to liability for
circumvention for interoperability will apply to TPMs over media.
There was at least some movement towards this type of thing in the
French discussions, although that seems to have been watered down
quite significantly now.
I don't want to get more off-topic, and I don't want to overstate the
potential for successfully challenging overly-broad anti-circumvention
law. But I do believe that there are better avenues for challenging it
then in the CC licences, and I think that that the harm involved in
preventing application of DRM will outweigh any headway that is made
in lessening platform monopolies.
I'm happy to discuss more off-list if you like.
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