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

Rob Myers rob at robmyers.org
Mon Aug 14 17:58:03 EDT 2006

On 13 Aug 2006, at 23:20, Mike Linksvayer wrote:

> I'm surprised nobody AFAICT has suggested just that -- rather than
> disallow DRM, explicitly give authority to circumvent.  The DMCA  
> seems to
> allow this

It would be great if CC 3 licenses could give permission to  
circumvent DRM when people do exercise their Fair Use rights to add  
it. Someone at CC who IAL should definitely look at this.

Two possible issues spring to my layperson's mind:

* GPL 3 gives you permission as a *software* license to circumvent  
DRM systems implemented by the *software* that is itself covered by  
that license. Can CC 3, as a *content* license, give you permission  
to circumvent any *software* that is written by a different author to  
the content?

* The GPL 3 is giving you the right to circumvent the system as a  
whole, for every case of its use. CC 3 would have to give you  
permission only for those specific cases where you need to break it  
to access the work. But this still means that software (or the  
knowledge that you need to hold down the shift key) must exist to  
break the DRM generally for the benefit of any CC 3 users who wish to  
do so.

- Rob.

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