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cc-licenses - 2.0 and iTunes

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <robmyers AT mac.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: 2.0 and iTunes
  • Date: Wed, 26 May 2004 09:38:58 +0100

If I download my CC'd music via iTunes to my iPod, it will add DRM to lock
the tune to that iPod. This seems to breach the part of 4a that says:

"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."

Is this the case? Or does this kind of "terminal" transfer to a single device
not count as distribution? What if I want to take the tune off of my iPod
(which doubles as a FireWrire drive) and give it to a friend? Does it break
4a then?

If it is, this is important as the iPod is a big market for downloaded music,
and will probably be the model for other such devices. Either Apple should
modify iTunes to respect CC metadata, or CC (as a last resort) should modify
the license to allow this kind of "terminal" DRM.

- Rob.




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