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cc-licenses - Draft License 2.5 - Now open for discussion

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Subject: Development of Creative Commons licenses

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  • From: Nathanael Nerode <neroden AT twcny.rr.com>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Draft License 2.5 - Now open for discussion
  • Date: Tue, 24 May 2005 18:31:40 -0400

>On 21 May 2005, at 13:31, toddd at mypse.goracer.de wrote:
>> But the GPL does not forbid binary distribution, it just forces you
>> to make the source available.
>> A similiar approach for CC and DRM might be helpfull?
>
Rob Meyers wrote:
>Such a clause would be wide open to abuse.
Not if it was drafted properly.

>So for example, I have a song from iTunes Music store that has DRM on
>it. I request a transparent version from the publisher. They tell me
>that will cost twenty dollars to cover their costs. I send off the
>money. Six weeks later I get a low-quality audio tape with the song on.

I am thinking of a clause like this:

If you distribute, publicly display, publicly perform, or publicly digitally
perform the Work with any technological measures that restrict the ability of
recipients to exercise their rights regarding the work under law or this
License Agreement, you must offer to simultaneously distribute to, publicly
display to, publicly perform for, or publicly digitally perform for each
recipient an equal or higher quality copy of the Work without such
technological measures, at no charge.

Does that address your concerns? :-)

I included a separate, independent change to attempt to improve phrasing.
Debian has worried about the vagueness of the phrase "technological measures
that control access or use of the Work in a manner inconsistent with this
License Agreement". How does "technological measures that restrict the
ability of recipients to exercise their rights regarding the work under law
or this License Agreement" sound? I think that specifies exactly which
technological measures we are trying to ban rather well: ones which restrict
the ability of recipients to exercise their rights. I included rights under
law as well as rights under the License Agreement so that fair use would be
included. I believe "rights under this License Agreement" should include
every permission granted to a recipient under the license, but a lawyer
should verify that.




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