[cc-community] YouTube and Creative Commons

Terry Hancock digitante at gmail.com
Mon Aug 12 15:58:02 EDT 2013


Just want to inject a couple of small points...

On Mon, Aug 12, 2013 at 12:57 PM,
<cc-community-request at lists.ibiblio.org> wrote:
> From: Isaac David Reyes Gonz?lez <isacdaavid at gmail.com>
> Also, I don't think the Terms of Service of a website qualify as a
> technical restricting measure. Of course the ToS may be against the spirit
> of a free CC license, but that section in CC BY is meant to prevent DRM and
> I don't see how not providing a download link is DRM. A one-way contract
> between a website and its users which hinders distribution of CC BY
> material is not a technical measure either, that's simple douchery.

One factor of interest is that there are NUMEROUS browser extensions
which will add some form of download link to a YouTube video page.

When I put a CC By or a CC By-SA license grant on my work, I'm
personally releasing you from any obligation not to download the video
by those means (which are not that hard to use).

That YouTube may consider that a ToS violation has to be considered
alongside the fact that these terms aren't really enforced. And there
are lots of ToS terms that are rarely enforced by many online

That, technically, this may be a ToS violation (NOT a violation of the
law!) is one reason why I would like to find a better service. Another
is that their metadata doesn't support using a By-SA license, and so
all of my videos are listed as "Standard YouTube License", because
listing them as CC By would be fraudulent.

I've tried Vimeo, but then I get complaints from free-software users
because they can't see the video without installing the non-free Flash
player (apparently Gnash doesn't work for Vimeo). This is a problem
I'd really like a better solution for -- but at the moment, YouTube
remains essential to us. The best I can do, though, is to offer

Not only is copyright law ridiculously complex, but it is also
enforced in extremely uneven ways. If it were suddenly to be fully and
evenly enforced, a lot of the world would just break. So a lot of what
goes on is the half-trust of a gray-market. Finding the hard bright
lines is difficult.


Terry Hancock
Producer/Director - "Lunatics!" Project - http://lunatics.tv

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