[cc-licenses] CC licenses and Zune DRM are a good match?

Jaroslaw Lipszyc jl at creativecommons.pl
Sat Sep 30 08:16:37 EDT 2006


drew Roberts wrote:

>> http://www.lessig.org/blog/archives/003535.shtml
> 
> "So there was a flurry of concern last week because of the announcement that 
> Microsoft’s new Zune would wrap all content in DRM. Turns out that was a 
> mistake. All content is not wrapped by default. The wrapping applies to DRMed 
> content only."
> 
> Huh??? Zune only wraps DRM around DRMed content? If is already DRMed, why does 
> Zune need to wrap DRM around it?

There is more. I believe Lessig may be wrong - he quoted Zune Insider 
blog (http://www.zuneinsider.com/2006/09/zune_and_drm_or.html) , in 
which we read:
"We don’t actually “wrap all songs up in DRM:” Zune to Zune Sharing 
doesn’t change the DRM on a song, and it doesn’t impose DRM restrictions 
on any files that are unprotected. If you have a song - say that you got 
“free and clear” - Zune to Zune Sharing won’t apply any DRM to that 
song. The 3-day/3-play limitation is built into the device, and it only 
applies on the Zune device: when you receive a song in your Inbox, the 
file remains unchanged. After 3 plays or 3 days, you can no longer play 
the song;"
So it is not DRM applied to files, its a software "feature" of player 
which simply keeps track of every file on device hard drive. But nothing 
seems to support Lessigs opinion that its just DRM-ed files which are 
prohibited.
  As John David Stone pointed out in his comment to Lessig post it still 
may be in violence of CC license terms ("you may not offer or impose any 
terms on the Work that alter or restrict the terms of this License or 
the recipients’ exercise of the rights granted hereunder [...] You may 
not distribute, publicly display, publicly perform, or publicly 
digitally perform the Work with any technological measures that control 
access or use of the Work in a manner inconsistent with the terms of 
this License Agreement.")
greetings
Jaroslaw Lipszyc



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