[cc-licenses] Subject: Re: Version 3.0 - List Discussion Responses
Terry Hancock
hancock at anansispaceworks.com
Mon Sep 25 20:11:34 EDT 2006
Mia Garlick wrote:
> this is not a productive line of ongoing discussion.
*Smile* when you try to suppress the democratic process by squashing
dissent under the iron boot of the Creative Commons ruling junta. ;-D
Seriously, I think it *is* productive, because I still don't buy your
argument.
Part of the problem, of course, is that the DMCA anti-circumvention is
*fundamentally* absurd: it's about outlawing wirecutters instead of
outlawing fence-cutting. And that's just stupid. But even if you were
going to write such a law (ironically, I think we still have a law like
that on the books somewhere -- or so various trivia books claim), it
will be pretty obvious that there are certain exceptions to it (*I*
interpret the clause in question as a codification of those obvious
exceptions). Obviously, you needed wire cutters to put the fence up in
the first place, as well as to move or cut a fence you have a legitimate
right to move.
Clearly, if I then take the same wire cutters and cut my neighbors'
fence, I'm going to be in violation -- but that's a different matter.
What we're asking for, essentially, is a license that says "I'll let you
use this pasture of mine. I'll even let you put a fence around it. But
you have to promise to let anyone cut that fence in order to get to the
pasture".
This may make it rather pointless to put a fence up in the first place
(good!), but if there's some technical reason why a fence must be put up
(e.g. to keep the cows in during normal use, or because there's a county
ordinance that says 'all pastures must be fenced'), then he can keep his
promises to both me and the county, while still promising the access
that I insist on, and not having the cows wander.
This allows pastures to remain free, even in counties where fence
ordinances are piling up.
--
Terry Hancock (hancock at AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com
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