Development of Creative Commons licenses

[Evan Prodromou <evan AT prodromou.name>]

Forwarded message from debian-legal, and a point I'd missed. I can't 
imagine that there's a reason to have one be "technical measures" and 
the other be "effective technical measures"... is there?

-Evan

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• From: Francesco Poli <frx AT firenze.linux.it>
• To: debian-legal AT lists.debian.org
• Subject: Re: Creative Commons 3.0 Public draft -- news and questions
• Date: Tue, 15 Aug 2006 21:45:16 +0200
• Resent-date: Tue, 15 Aug 2006 14:46:52 -0500 (CDT)
• Resent-from: debian-legal AT lists.debian.org

On Sat, 12 Aug 2006 23:05:56 +0200 Francesco Poli wrote:

> This is the CCv3draft0808060 anti-DRM clause, as quoted by Evan:
>
> | You may not impose any technological measures on the Work that
> | restrict the ability of a recipient of the Work from You to
> | exercise the rights granted to them under the License.

While analyzing the license draft, I noted something strange.
The anti-DRM clause quoted by Evan is, substantially, the one found in
clause 4(a):

| You may not impose any technological measures on the Work that
| restrict the ability of a recipient of the Work from You to
| exercise their rights granted under the License.

There's another one in clause 4(b), which is very similar, but not
equal:

| You may not impose any effective technological measures on the
| Adaptation that restrict the ability of a recipient of the
| Adaptation from You to exercise their rights granted under the
| License.

Please note the adjective "effective"!

Questions:

A) Why are these two clauses different from one another?

B) Is the difference relevant with respect to DFSG compliance?

C) Does specifying that only *effective* technological measures are
forbidden imply that parallel distribution (of DRM-encumbered and
DRM-*un*encumbered copies) is allowed for Adaptations?


--
But it is also tradition that times *must* and always
do change, my friend. -- from _Coming to America_
..................................................... Francesco Poli .
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