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cc-licenses - Re: [cc-licenses] Parallel Distribution and Non-Copyleft Licenses

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <rob AT robmyers.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Parallel Distribution and Non-Copyleft Licenses
  • Date: Sat, 02 Dec 2006 16:59:43 +0000

James Grimmelmann wrote:
Greg London wrote:
Without any DRM clause of any kind, ShareAlike has a loophole
that allows DRM Dave to use the work without sharing the work
on his platform. Only he can distribute works on his platform.
Only he can create derivatives on his platform.

This is true. But the same is true if DRM Dave makes snow globes that play a CC-licensed song. Nobody else can put derivatives (or anything at all) on this sort of snow globe--simply because Dave is the one with the manufacturing plant. Why is this not a platform monopoly of this troubling sort?

To address an earlier point, I am not sure that an undocumented pinout constitutes a TPM:

http://www.boingboing.net/2004/09/01/garage_door_openers_.html

http://www.boingboing.net/2004/10/26/printer_cartridges_a.html

http://www.boingboing.net/2005/08/25/court_dmca_cant_proh.html

To return to why this isn't a "platform" monopoly; the snow globe isn't a "platform", it is a single-use device. Or it is distribution media with a single-use device attached.

As long as Snow Globe Sam doesn't try to restrict your use rights over the distributed media they are not restricting your Freedom any more than the manufacturer of a paperback book or a vinyl record are.

- Rob.




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