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  • From: Terry Hancock <hancock AT anansispaceworks.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: Fri, 29 Sep 2006 00:30:19 -0500

Greg London wrote:
Debian's entire argument appears subtly flawed. Here is my full
analysis. It's a bit long, but it should be an entirely self
contained argument, so you shouldn't have to go read any other
emails. [...]

I'm not adding much here, but I have to say, I think this is your best presentation so far, Greg. I think you make the case clearly and persuasively.

After reading it, I find I'm compelled to agree with your platform monopoly case. It is a "deal breaker" after all.

It's important to realize that what really makes this happen are two fine legal points that are absurdly counter-intuitive, but apparently are also current US law:

1) The DMCA makes circumventing DRM illegal, and this also includes putting a particular DRM wrapper on a file (not just taking it off).

2) The idea that the DRM wrapper is owned by the DRM provider, and may not be legally removed even under the permission of the copyright owner of the restricted content.

Parallel distribution doesn't solve this problem, and I think that the end result would actually be counter to the principles behind the Debian DFSG. Debian should probably be re-thinking their position.

Cheers,
Terry


--
Terry Hancock (hancock AT AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com





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