[cc-licenses] license draft usage scenario questions

drew Roberts zotz at 100jamz.com
Sun Oct 29 06:56:09 EST 2006


On Saturday 28 October 2006 10:54 pm, Jörg Zastrau wrote:
> The current discussion on the license draft is mind boggling. Hence
> this query whether the following close-to-real-life scenario is
> permitted under the current draft of the cc license.
>
>
> Larry Learner would like to teach german to himself. As a good friend
> I create some audio lessons for him. I do so by reading texts licensed
> under the GNU FDL and the (say) by-sa license. I provide some
> translation myself and I hereby create a derived work. Larry wants to
> listen to the audio lessons on his portable audio player (so far, this
> happened in the past).
>
> Unfortunately Larry only owns a DRM-enabled portable audio player but
> there is a legal way to record the home-grown audio to the player (key
> is available).
>
> Can I comply with the license terms if I download the audio to his player?
>
>
> my problems:
> - If the DRM-key is locked to the player (comparable to Garmin GPS
> devices) then Larry cannot distribute his drm-enabled version to
> somebody else in the future.
> - The proposed parallel distribution might help, as Larry can
> re-create the content using the backup or ask somebody else to do
> this. However, other issues I do not fully understand (roundup see
> [1]) are preventing this solution.

I don't think anything is actually preventing this solution. Larry had to have 
a non-DRM version to put on his player. He can just distribute that version 
to others with a similar player and they can do what he did.

Can you explain the problem/objection  you see in more detail?

> - so I might have to tell Larry, that I cannot do him this favour
> because a "free" license is preventing me from doing so. I might have
> some trouble explaining that.
> - Is the issue of mixing GNU FDL content with by-sa content resolved?
>
> or - as the author of a work I'd like to have a license that
> - grants certain rights to the licensee. The by-sa does that job very well
> - I don't like that others lock down the rights of licensee by DRM.
> But I do want the licensee to use my work on a DRM-enabled device. 

And I think (I have been out of the loop for a week now) that this will be no 
problem for people with players like the one Larry has. One where those in 
possessoin of the device can apply the DRM to home-grown audio.

> My 
> work should be usable on a wide range of platforms and I don't want to
> limit the licensees choice of platform (I don't like DRM - but common
> sense suggests that we have to live with that in the future).
> - as it currently stands, the creative common license draft is a no-go
> for me due to the reasoning above.
>
> so - why not consider that parallel distribution approach treating the
> DRM-free-version similar to sourcecode in the GPLV2 and the
> DRM-enabled version as binary? I don't get it.

Some of us have considered it and don't want it when it allows devices without 
the ability to play home-grown content to use our BY-SA works.
>
> Joerg Zastrau
>
>
> [1] http://lists.ibiblio.org/pipermail/cc-licenses/2006-October/004251.html

all the best,

drew
-- 
(da idea man)
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