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cc-licenses - Re: [cc-licenses] [Fwd: Re: Creative Commons 3.0 Public draft -- news and questions]

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Subject: Development of Creative Commons licenses

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  • From: Mia Garlick <mia AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] [Fwd: Re: Creative Commons 3.0 Public draft -- news and questions]
  • Date: Mon, 21 Aug 2006 20:56:50 -0700

following on from andres post that correctly summarizes the differences in the various treaty, legislation and directive provisions regarding TPM ...

of course both clauses in the new generic should include the same terminology so yes both should read "effective technological measures" - the omission of the word "effective" from clause 4(a) is an oversight so for the purpose of debian legal's analysis, it should be read as included.

the answers to the questions posed are: (a) oversight/typo; (b) no (assuming debian legal is signing off on the new generic & not the US license); and, (c) good question ...

On Aug 20, 2006, at 1:18 PM, Evan Prodromou wrote:

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


Resent-From: debian-legal AT lists.debian.org
From: Francesco Poli <frx AT firenze.linux.it>
Date: August 15, 2006 12:45:16 PM PDT
To: debian-legal AT lists.debian.org
Subject: Re: Creative Commons 3.0 Public draft -- news and questions


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 .
GnuPG key fpr == C979 F34B 27CE 5CD8 DC12 31B5 78F4 279B DD6D FCF4


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