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cc-licenses - Re: [cc-licenses] Against DRM 1.0

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Subject: Development of Creative Commons licenses

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  • From: Max Brown <max05001 AT yahoo.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Against DRM 1.0
  • Date: Fri, 14 Apr 2006 07:38:53 -0700 (PDT)

> The related rights CC licences allow you to exercise vary by license.  
> The NC ones reserve collecting rights if I remember correctly. But
> control of related rights varies from jurisdiction to jurisdiction.

No, ccpl is clear:
"Nothing in this license is intended to reduce, limit, or restrict any
rights arising from fair use, first sale or other limitations on the
exclusive rights of the copyright owner under copyright law or other
applicable laws."

Related rights are included in "other limitations on the
exclusive rights of the copyright owner under copyright law or other
applicable laws".



>> The second clause prevents the use of DRM to protect the work: if
>> licensor uses DRM, the license is not applicable to the work (on
>> the contrary, CCPL licensor can use DRM); if licensee uses DRM,
>> license is automatically void (on the contrary, CCPL licensee can
>> use DRM in a manner not inconsistent with the terms of the license).

> BY-SA includes an anti-DRM clause. See 4.a of http://
> creativecommons.org/licenses/by-sa/2.5/legalcode

> Yes, I know: read my parenthesis:
> 1.
(on the contrary, CCPL licensor can use DRM)
> 2. (on the contrary, CCPL licensee can use DRM in a manner not inconsistent with the terms of the license)


> "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."

> This ("technological measures") means DRM.

I repeat:
1. CCPL licensor can use DRM
2. CCPL licensee can use DRM in a manner not inconsistent with the terms of the license


Max


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