[cc-licenses] [Fwd: Re: Creative Commons 3.0 Public draft -- news and questions]

Mia Garlick mia at creativecommons.org
Mon Aug 21 23:56:50 EDT 2006


following on from andres post that correctly summarizes the  
differences in the various treaty, legislation and directive  
provisions regarding TPM ...

of course both clauses in the new generic should include the same  
terminology so yes both should read "effective technological  
measures" - the omission of the word "effective" from clause 4(a) is  
an oversight so for the purpose of debian legal's analysis, it should  
be read as included.

the answers to the questions posed are: (a) oversight/typo; (b) no  
(assuming debian legal is signing off on the new generic & not the US  
license);  and, (c) good question ...

On Aug 20, 2006, at 1:18 PM, Evan Prodromou wrote:

> Forwarded message from debian-legal, and a point I'd missed. I  
> can't imagine that there's a reason to have one be "technical  
> measures" and the other be "effective technical measures"... is there?
>
> -Evan
>
>
> Resent-From: debian-legal at lists.debian.org
> From: Francesco Poli <frx at firenze.linux.it>
> Date: August 15, 2006 12:45:16 PM PDT
> To: debian-legal at lists.debian.org
> Subject: Re: Creative Commons 3.0 Public draft -- news and questions
>
>
> On Sat, 12 Aug 2006 23:05:56 +0200 Francesco Poli wrote:
>
>> This is the CCv3draft0808060 anti-DRM clause, as quoted by Evan:
>>
>> |   You may not impose any technological measures on the Work that
>> |   restrict the ability of a recipient of the Work from You to
>> |   exercise the rights granted to them under the License.
>
> While analyzing the license draft, I noted something strange.
> The anti-DRM clause quoted by Evan is, substantially, the one found in
> clause 4(a):
>
> |     You may not impose any technological measures on the Work that
> |     restrict the ability of a recipient of the Work from You to
> |     exercise their rights granted under the License.
>
> There's another one in clause 4(b), which is very similar, but not
> equal:
>
> |     You may not impose any effective technological measures on the
> |     Adaptation that restrict the ability of a recipient of the
> |     Adaptation from You to exercise their rights granted under the
> |     License.
>
> Please note the adjective "effective"!
>
> Questions:
>
>  A) Why are these two clauses different from one another?
>
>  B) Is the difference relevant with respect to DFSG compliance?
>
>  C) Does specifying that only *effective* technological measures are
> forbidden imply that parallel distribution (of DRM-encumbered and
> DRM-*un*encumbered copies) is allowed for Adaptations?
>
>
> -- 
> But it is also tradition that times *must* and always
> do change, my friend.   -- from _Coming to America_
> ..................................................... Francesco Poli .
>  GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4
>
>
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