[cc-licenses] CC 3 and Fair Use [ Was Re: Version 3.0 - Public Discussion]

Rob Myers rob at robmyers.org
Mon Aug 14 17:49:14 EDT 2006

On 13 Aug 2006, at 19:18, Karl Ebener wrote:

> I don't think, Charlie has a problem in the first scenario : He can
> still take the work and transfer it to his iSuck-format himself and
> hear it on his iSuck-Player. This is due to Nr. 2: Fair rights use.


Yes, this is presumably the same as just ripping a CD to MP3 for use  
on a music player. Which is covered by Fair Use.

So there's no need for an "iPod Clause". It's already there. Unless  
adding DRM is considered a special case by any applicable laws.

> As long as Charlie does not *distribute* the file after converting,
> he still complies to CC.

Yes. Distributing the ripped version is not covered by Fair Use. The  
only permission Charlie has to distribute the work and derivatives of  
it is the CC license, which explicitly forbids DRM distribution.

> No harm done.
> Of course, Charlie IS a dead end in distribution, but he can still
> use Bobs version on a platform that doesn't use DRM.

Unless Mike's DMCA Circumvention clause can be added, in which case  
Charlie can at least try to recover his DRM-ed version.

- Rob.

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