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Subject: Development of Creative Commons licenses

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  • From: "Greg London" <email AT greglondon.com>
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Subject: Re: Version 3.0 - List Discussion Responses
  • Date: Mon, 25 Sep 2006 22:13:08 -0400 (EDT)


> your response assumes that it is iTunes that puts it on the track.
> in the hypo given, it is Benito who puts it n the track...why should
> iTunes' DRM be vulnerable just because some random third party puts
> it on Alejandra's track?
>
> also, it is beyond comprehension that the DMCA laws were introduced
> to allow party A to authorize circumvention of an unrelated party I's
> DRM. the consent provision can only, logically be read to authorize
> party I to authorize select people to circumvent party I's DRM so
> that it is not always a violation of the law to circumvent DRM;

So, it may very well be that this is the legal interpretaion
of anti-circumvention. But as I read this, it sounded more and
more familiar to yet another obnoxious copyright law mentioned here:

http://community.livejournal.com/veronicamarsfic/1352553.html

:: the treaty would give broadcasters, cablecasters
:: and potentially webcasting companies 50 years of
:: copyright-like rights over anything they transmit,
:: including public domain and
:: Creative Commons-licensed works.

DRM, as you describe it, is creating a channel, a medium,
though which works are broadcasted, distributed, etc,
and the anti-circumvention clause places ownership
of the content, i.e. the ability to circumvent the DRM
to a work, in the hands of the owner of the channel,
rather than the owner of the content.

That the owners and operators of the DRM channel,
gain a level of control over the works they bring
into their channel that is not available through
normal copyright law. To the point, DRM Dave gaining
control of a copy of ShareAlike Sam's work, and
preventing anyone from circumvention the DRM to have
full access to Sam's work, is no incentive to Sam
to create new works, which, allegedly is the sole
constitutional reason that copyright law exists:
to reward authors for creating new works.
DRM rewards broadcasters by giving them rights
over other people's works, simply because they
broadcast the work through their channel.

And I think that sucks.

No point. Just griping.
(Gets off soapbox.)

Greg






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