[cc-licenses] TPMs & Open Access

Nicholas Bentley nicholas at commonrights.com
Thu Jan 24 01:11:40 EST 2013


Thanks Sarah, Heather,

It is good to confirm that these identifiers/fingerprinting would not form
part of the TPM's referred to in the circumvention clause.

Drew raises another interesting question though. If the
identifiers/fingerprinting I was talking about were specifically there to
identify the right holder / creator of the work and hence formed part of
the attribution chain would anyone have the right to remove them as
attribution is required under CC licenses.

Regards,   Nicholas

**

On 23 January 2013 20:24, Sarah Pearson <sarah at creativecommons.org> wrote:

> Hi Drew,
>
> The non-ND licenses grant permission to adapt the work, but it sounds like
> the identifiers Nicholas is referring to would be something separate from
> the copyrighted work. In any case, I should have used more precise
> language. What I intended to convey was that the circumvention clause in
> the current working language of 4.0d3 is not intended to address that
> situation.
>
> Thanks for following up!
> Sarah
>
>
> On Wed, Jan 23, 2013 at 6:51 AM, drew Roberts <zotz at 100jamz.com> wrote:
>
>> On Tuesday 22 January 2013 14:41:41 Sarah Pearson wrote:
>> > Hi Nicholas,
>> >
>> > The only thing I would add to Heather's response is confirmation that
>> > because fingerprinting/identifiers would not be TPMs under the license,
>> > licensees would not have the right to remove those identifiers via the
>> > circumvention clause in version 4.0.
>>
>> Why would they need a right to remove them? Is there something in the law
>> currently which denies them this right?
>>
>> Except for ND, don't the licenses remove the legal prohibitions of
>> altering
>> the work in any way? (As a work?)
>> >
>> > best,
>> > Sarah
>>
>> all the best,
>>
>> drew
>> >
>> > On Mon, Jan 21, 2013 at 9:12 PM, Heather Morrison <hgmorris at sfu.ca>
>> wrote:
>> > > hi Nicholas,
>> > >
>> > > A TPM is what it says - a technological protection measure, a
>> > > limitation on what you can do based on technology. Some common TPMs
>> > > are when a publisher uses TPMs that make it impossible for you to
>> > > print a document, to mark up a document, or to print more than a
>> > > certain amount of pages. With CC licenses you cannot add TPMs to works
>> > > that prevent uses allowed under the license. It's about changing the
>> > > work per se as opposed to how you access it, which makes sense because
>> > > CC deals with copyright.
>> > >
>> > > best,
>> > >
>> > > Heather Morrison, PhD
>> > > Freedom for scholarship in the internet age
>> > > https://theses.lib.sfu.ca/thesis/etd7530
>> > >
>> > > On 17-Jan-13, at 11:37 PM, Nicholas Bentley wrote:
>> > > > Sarah, Greg, Heather,
>> > > >
>> > > > I have a follow-up question to this discussion of TPM's.
>> > > >
>> > > > If the file/work in question has has identifiers/fingerprinting
>> > > > attached to it which help identify the right holder, author, CC
>> > > > licensor, ...,  but does not restrict access to the file is that
>> > > > considered a TPM? I assume the identifications, whatever, could be
>> > > > construed as protecting the rights associated with the file but not
>> > > > the file itself. But, does this mean that licensee does not have the
>> > > > right under the 'TPM' clause to remove these identifiers if they
>> > > > don't restrict access? Should a distinction be made between
>> > > > technical measures protecting rights and those protecting access to
>> > > > manifestations?
>> > > >
>> > > > Thanks for the clarification,
>> > > >
>> > > > Nicholas Bentley
>> > > >
>> > > >
>> > > >
>> > > > On 17 January 2013 17:31, Greg Grossmeier <greg at grossmeier.net>
>> wrote:
>> > > > Hello Heather,
>> > > >
>> > > > <quote name="Heather Morrison" date="2013-01-16" time="13:06:47
>> > > > -0800">
>> > > >
>> > > > > One question that I have which comes up with respect to open
>> access
>> > > > > works: what about paywalls imposed by a downstream licensor that
>> are
>> > > > > not applied TO the work, but rather something people need to
>> address
>> > > > > in order to get TO the work. I'm not sure if it is even possible
>> to
>> > > > > preclude this - most of us have to pay for internet access, so one
>> > > > > could argue that everything on the internet is behind a paywall.
>> > > >
>> > > > You point to the general underpinning of the issue; everything in
>> the
>> > > > world, unfortunately, costs something to gain access to, other than
>> > > > air
>> > > > (for now).
>> > > >
>> > > > It has never been the interpretation of CC, to my knowledge, that a
>> > > > paywall (or other login mechanism) was a TPM.
>> > > >
>> > > > Keep in mind the reason for the TPM clause is to address the DRM
>> > > > issue,
>> > > > which prevents people *who already have the file/work* from using it
>> > > > in
>> > > > ways that the license allows. It isn't about people gaining access
>> to
>> > > > the file/work in the first place.
>> > > >
>> > > > Best,
>> > > >
>> > > > Greg
>> > > >
>> > > > --
>> > > >
>> > > > | Greg Grossmeier            GPG: B2FA 27B1 F7EB D327 6B8E |
>> > > > | http://grossmeier.net           A18D 1138 8E47 FAC8 1C7D |
>> > > >
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