[cc-licenses] Parallel Distribution and Non-Copyleft Licenses
rob at robmyers.org
Wed Nov 29 16:20:34 EST 2006
Benj. Mako Hill wrote:
> Since the dominant argument against parallel distribution on this
> list seems to boil down to a critique that the clause provide a way
> to sidestep copyleft,
The clause provides a way of removing people's rights. If those rights
are being used to effect copyleft then this is one example of the harm
that can result.
In the case of all licenses it provides a way of removing Fair Use
rights, which are very important and which all CC licenses explicitly
The permission given by CC licenses should not have the effect of
harming the permission given by the law itself.
> is there any objection to a parallel
> distribution clause only for those licenses that do not include the
> SA option?
At first glance this does appear to fit with the wording of the anti-TPM
language in the licenses, which only prohibit removing freedoms that the
user actually has. So it might look as though an ND license, under the
*current* wording, could have DRM added to prevent derivatives being
made. See Mia's comment.
There are two problems with this though.
The first is that this ignores the existence of and allows the removal
of Fair Use, which the CC licenses explicitly acknowledge. I really
cannot overstate the importance of Fair Use, and how counter-productive
it would be if CC licenses unintentionally harmed Fair Use by people
assuming they are the limit of the permission given to users and
removing the possibility of any others.
The second is that all CC licenses allow noncommercial copying, which
DRM can be used to prevent. It would be nice if this was an unalienable
right but I don't get that impression. It's something to bear in mind
This isn't a license partisan issue. NC-ND users presumably want
promotion. DRM can limit that. NC users presumably are opposed to other
people making money off their work. DRM is a way of locking users to a
business model. And so on.
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