[cc-licenses] Version 3.0 - Remove the TPM-ban
mjr at phonecoop.coop
Tue Aug 15 08:31:31 EDT 2006
I suggest replacing 'restrict' in each TPM-ban clause with
'have the intent or effect of restricting'.
This language is already used in CC licensing (Scotland) and it is
believed to permit copying to TPM media/format along with a non-TPM
It is clearly troublesome for a licence to start restricting what things
to which works may be copied. If format-ban clauses become common, it
will obviously limit various uses and remixes. Such things should not
be in the most permissive CC licence.
This suggested wording is slightly more complicated than the current
draft, but less complicated than spelling out parallel distribution like
in the alternate draft. Even so, I do not think that complexity alone
should prevent the change: if CC wanted the generic to be less complex,
3.0 should have been based more on the plain and simple language of CC
Scotland, but I appreciate the need for having something more easily
comparable with the generic 2.5.
Also, I believe you should not wait until this bug bites before looking
to fix it, or expect licensees to get exceptions in each case. This
suggestion is not preemptive compliance - it's trying to avoid making
unnecessary work for others. Let's find the solution in the generic
licence, if we can.
If there is no general agreement to allow non-restricting TPM in
general, the TPM-ban clauses should be made optional. CC seems to have
refused to take a position on numerous controversies in the past (such
as Share Alike), so if there is disagreement, it should refuse to take a
position on whether TPM media may be used and leave it to each licensor.
Finally, please can someone tell us where to find the record of the
rejections by international affiliates and how the CC decision-making
works? I've had a bit of a search of creativecommons.org but haven't
found details. I thank the cc-nl lead for explaining his motives here,
but I'm only guessing about the others.
Thanks in advance for any help,
My Opinion Only: see http://people.debian.org/~mjr/
More information about the cc-licenses