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cc-licenses - [cc-licenses] CC 3 and Circumvention [Was Re: Version 3.0 - Public Discussion]

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <rob AT robmyers.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] CC 3 and Circumvention [Was Re: Version 3.0 - Public Discussion]
  • Date: Mon, 14 Aug 2006 22:58:03 +0100

On 13 Aug 2006, at 23:20, Mike Linksvayer wrote:

I'm surprised nobody AFAICT has suggested just that -- rather than
disallow DRM, explicitly give authority to circumvent. The DMCA seems to
allow this

It would be great if CC 3 licenses could give permission to circumvent DRM when people do exercise their Fair Use rights to add it. Someone at CC who IAL should definitely look at this.

Two possible issues spring to my layperson's mind:

* GPL 3 gives you permission as a *software* license to circumvent DRM systems implemented by the *software* that is itself covered by that license. Can CC 3, as a *content* license, give you permission to circumvent any *software* that is written by a different author to the content?

* The GPL 3 is giving you the right to circumvent the system as a whole, for every case of its use. CC 3 would have to give you permission only for those specific cases where you need to break it to access the work. But this still means that software (or the knowledge that you need to hold down the shift key) must exist to break the DRM generally for the benefit of any CC 3 users who wish to do so.

- Rob.




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