Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Thursday 28 September 2006 10:36 am, MJ Ray wrote:
> Greg London wrote:
> > So, what you have yet to make clear here, is if DRM Dave can
> > use DRM to become the sole source of a work that plays on
> > some DRM platform. If the solution is "parallel distribution",
> > but the DMCA says only Dave can circumvent his DRM, then
> > does not that mean that Alice cannot provide the exact same
> > work in DRM-friendly format for the DRM platform?
>
> No.  Use of the free format does not require circumvention, so would not
> be limited by the DMCA saying only Dave can circumvent his DRM.
> Parallel distribution is one format staying out of DRM: a DRM evasion,
> which is not circumvention, as far as I know.

The only way I can see you putting this as an argument to what Greg says is 
if 
you intend it to mean that the parallel version distributed must be playable 
on the same platform. Is that what you are saying?

>
> I do not see why you think this would not be copyleft: all copies give
> recipients the same freedoms to the work.  Some just have duplicated
> information that makes them easier to use for some people.

He thinks this because in the situation he is putting forth. the other 
versions will not play on the player. Do you intend to insist in the parallel 
distribution language that the parallel version must be playable on the same 
player?
>
> Also, the above question is conditional on the DMCA saying that: does
> it?  Even if it does, then that is arguably a DMCA bug, which should
> only affect the US licences, not the generics.
>
> [...]
>
> > What you continue to do, rather than answer that question,
> > is to change the subject. [...]
>
> Please do not post such personal attacks to this discussion.  Please
> stick to the issues, not the people.
>
> > Can DRM Dave use parallel distribution to become
> > sole source provider of CC-SA content for his hardware?
>
> Probably not, but it depends if users entered into other agreements when
> obtaining the hardware and so on.  I don't know how things sit in US law
> and IANAL, but I think most attempts to do so in England would involve
> Unfair Terms in Consumer Contracts and so fail.
>
> No licence will stop Dave *attempting* to use the 'make an example'
> tactics you describe, the same as CC-SA today can't stop him trying to
> screw small licensors and licensees.  Our best tactic is to make sure we
> don't unnecessarily hurt our friends who follow our licences in good
> faith by, for example, creating an Iron Curtain between platforms.
>
> Hope that answers adequately,

I am sure it doesn't. If Dave makes a platform that only plays DRM protected 
files and only he or selected "friends" are able to put the DRM on files, how 
is that to be handled?

all the best,

drew

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