Development of Creative Commons licenses

[Rob Myers <robmyers AT mac.com>]

If I download my CC'd music via iTunes to my iPod, it will add DRM to lock 
the tune to that iPod. This  seems to breach the part of 4a that says:

"You may not distribute, publicly display, publicly perform, or publicly 
digitally perform the Work with any technological measures that control 
access or use of the Work in a manner inconsistent with the terms of this 
License Agreement."

Is this the case? Or does this kind of "terminal" transfer to a single device 
not count as distribution? What if I want to take the tune off of my iPod 
(which doubles as a FireWrire drive) and give it to a friend? Does it break 
4a then?

If it is, this is important as the iPod is a big market for downloaded music, 
and will probably be the model for other such devices. Either Apple should 
modify iTunes to respect CC metadata, or CC (as a last resort) should modify 
the license to allow this kind of "terminal" DRM.

- Rob.