[cc-licenses] license draft usage scenario questions

drew Roberts zotz at 100jamz.com
Sun Oct 29 08:51:16 EST 2006


On Sunday 29 October 2006 08:20 am, Jörg Zastrau wrote:
> Thank you guys for the clarifications. It seems that I got the answers
> on the issues I raised. To sum it up:
>
> - license compatibility
>
> >>> [me]
> >>> - Is the issue of mixing GNU FDL content with by-sa content resolved?
> >>
> >> [Henri Sivonen]
> >> No. You can have them side by side on the same audio device. [..]
>
> In this usage case I'll have to make sure I work with "citations" or
> get permissions from upstream in the case that I distribute the
> resulting work widely - ok - So there is still an issue which license
> to choose for my derivative (bummer). I would be surprised if I could
> get one of the original authors to re license his work 8-(
>
> - personal DRM usage
>
> > [Rob]
> > For the Garmin example, there are other GPS systems available and these
> > would be a better choice if Garmin went DRM
>
> This is political - If the licensee actually decides it is o.k. for
> him to purchase a key from the manufacturer to use his data on the
> device - i couldn't care less except maybe feeling pity for this
> licensee.
>
> >>> [me]
> >>> - 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.
> >>
> >> [drew]
> >> I don't think anything is actually preventing this solution.
> >>Can you explain the problem/objection  you see in more detail?
>
> and
>
> >> [drew]
> >>[,,] One where those in possessoin of the device can apply the DRM
>
> to home-grown
>
> >>audio.
> >
> > [Rob]
> >IIRC the current wording of the 3.0 licence appears to allow personal
> >addition of DRM.
>
> This is what I actually misunderstood. I thought that the anti-DRM/TPM
> clause prohibits any use of such method for distribution (some debian
> page stated that copying the work using ssl encryption is not
> possible) . Most of my concerns are invalidated if DRM/TPM it is
> allowed for "private distribution".

I think this may be a "wording issue" or a misunderstanding. DRM/TPM may be 
allowed for private application. I don't recall it being allowed for "private 
distribution".

>
> - vendor control
>
> >>> [me]
> >>> [..] so - why not consider that parallel distribution approach [..]
> >>
> >> [drew]
> >> 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.
>
> So the (largely political) position is to close all loopholes in the
> CC licenses regarding tivoization-like attempts (at the expense of a
> more impractical approach to distribute files for the devices in
> question). ok.

I don't know if I see this as a largely political position. It is just as much 
about economics and Freedom.

Did you mean to say "(at the expense of a more practical approach to 
distribute files for the devices in question)"?

Give an example device with its abilities and restrictions and let's see how 
things shape up.

Like I say, I just got back in the loop, but I feel that the "device under 
discussion" keeps morphing and so the issue gets muddy.

The device which concerns some here is a hypothetical device (are there any 
like this now) that will not play non-DRMed content and will not allow the 
person in possession of the device to apply DRM for themselves. This device 
will force the person who wants to use it to obtain DRMed versions of the 
content from someone else, not the person holding the copyright to the CC 
BY-SA content and not the person in possession of the device. My take is that 
it will cost them for this content. (Legally of course.)

So, if someone gave me such a device as a gift, I would find myself needing to 
pay someone else to hear/see, my own copyrighted works using this device.

I am not happy with that situation. I would like to see that blocked if 
possible. (I hope I am not too much under the weather to have made major 
mistakes in this explanation.)
>
> thank you again for your time. Your answers help me a lot to make up my
> mind.
>
> Joerg Zastrau

all the best,

drew
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