[cc-community] DRM (was Re: What are your thoughts on [opt-in] anti-tivoization in CC-BY-SA 4.0?)

Mike Linksvayer ml at creativecommons.org
Wed Dec 21 20:07:17 EST 2011


On Wed, Dec 21, 2011 at 4:54 PM, Anthony <osm at inbox.org> wrote:
> On Wed, Dec 21, 2011 at 7:45 PM, Anthony <osm at inbox.org> wrote:
>> On Wed, Dec 21, 2011 at 7:42 PM, Mike Linksvayer <ml at creativecommons.org> wrote:
>>> "You may not impose any effective technological measures on the Work
>>> that restrict the ability of a recipient of the Work from You to
>>> exercise the rights granted to that recipient under the terms of the
>>> License."
>>
>> I certainly hope not.  What right am I restricting by putting a
>> CC-BY-SA movie on a DVD?
>
> You may have just convinced me to stop using CC-BY-SA 3.0, though.
>
> What if I take a digital image and print it out?  Doesn't that
> restrict the ability of a recipient to create and Reproduce
> Adaptations?

Effective technological measures ~= DRM and is taken from treaty
language. No, print wouldn't be considered an effective technological
measure. https://www.gnu.org/copyleft/gpl.html refers to the treaty
directly.

Some places CSS is apparently considered an ineffective measure, so
distributing works under any CC license on a CSS
not-really-all-that-"protected" DVD may not be an issue.
https://www.eff.org/deeplinks/2007/05/effective-technological-measures-it-means-what-it-says-says-finnish-court
IANAL TINLA etc.

In any case, I think the GPLv3 approach of permitting circumvention
might be less problematic. There's a stub about it at
http://wiki.creativecommons.org/4.0/Technical_protection_measures but
needs vetting.

Mike


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