2.0 and iTunes

Glenn Otis Brown glenn at creativecommons.org
Wed May 26 16:12:14 EDT 2004


On May 26, 2004, at 1:38 AM, Rob Myers wrote:

> 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."

this term applies to licensee, not licensor, who can do whatever he/she 
wants with a work.

this is also not new to the 2.0 license. was in the 1.0 license.

>
> 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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