[cc-licenses] Subject: Re: Version 3.0 - List Discussion Responses
Peter Brink
peter.brink at brinkdata.se
Wed Sep 27 08:33:13 EDT 2006
Terry Hancock skrev:
>
> How can the law possibly care who made the fence? Almost no one makes
> their own fence wire. Surely if you put up a fence, it's your fence,
> not the fence-maker's fence?
In this case the "fence" is a piece of software and a such it's the
property of its copyright holder. When A uses B's DRM software to create
a DRM version of one of A's texts, A licenses the right to use B's
"fence", there is no transfer of ownership.
>
> Likewise, if I applied TPM technology A, produced by "TPM-Corp" to my
> file, then surely I am entitled to remove it at will?
Yes, but not to crack it open...
> Likewise, I may
> enter into an agreement to authorize others to remove it -- in this
> case, as a condition for having been able to apply it in the first
> place.
You are not at liberty to allow third parties rights to TPM-Corp's
property. A construction where TPM-Corp has entered an agreement with
*you*, with the meaning that *they* must allow downstream users to crack
open a fence that they (TPM-Corp) has applied would work. But in the
situation where TPM-Corp has no agreement with you and their "fence" is
applied because a downstream user A uses a service that they provides
then you cannot give downstream user B permission to crack open
TPM-Corp's fence. In this case TPM-Corp is outside the scope of the
license, it's A that has violated the (present 2.5) license, not TPM-Corp.
/Peter Brink
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