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cc-licenses - Re: 2.0 and iTunes

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Subject: Development of Creative Commons licenses

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  • From: Glenn Otis Brown <glenn AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: 2.0 and iTunes
  • Date: Wed, 26 May 2004 13:12:14 -0700


On May 26, 2004, at 1:38 AM, Rob Myers wrote:

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."

this term applies to licensee, not licensor, who can do whatever he/she wants with a work.

this is also not new to the 2.0 license. was in the 1.0 license.


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.
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