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cc-licenses - Re: [cc-licenses] CC licenses and Zune DRM are a good match?

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Subject: Development of Creative Commons licenses

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  • From: Jaroslaw Lipszyc <jl AT creativecommons.pl>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] CC licenses and Zune DRM are a good match?
  • Date: Sat, 30 Sep 2006 14:16:37 +0200

drew Roberts wrote:

http://www.lessig.org/blog/archives/003535.shtml

"So there was a flurry of concern last week because of the announcement that Microsoft’s new Zune would wrap all content in DRM. Turns out that was a mistake. All content is not wrapped by default. The wrapping applies to DRMed content only."

Huh??? Zune only wraps DRM around DRMed content? If is already DRMed, why does Zune need to wrap DRM around it?

There is more. I believe Lessig may be wrong - he quoted Zune Insider blog (http://www.zuneinsider.com/2006/09/zune_and_drm_or.html) , in which we read:
"We don’t actually “wrap all songs up in DRM:” Zune to Zune Sharing doesn’t change the DRM on a song, and it doesn’t impose DRM restrictions on any files that are unprotected. If you have a song - say that you got “free and clear” - Zune to Zune Sharing won’t apply any DRM to that song. The 3-day/3-play limitation is built into the device, and it only applies on the Zune device: when you receive a song in your Inbox, the file remains unchanged. After 3 plays or 3 days, you can no longer play the song;"
So it is not DRM applied to files, its a software "feature" of player which simply keeps track of every file on device hard drive. But nothing seems to support Lessigs opinion that its just DRM-ed files which are prohibited.
As John David Stone pointed out in his comment to Lessig post it still may be in violence of CC license terms ("you may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients’ exercise of the rights granted hereunder [...] You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement.")
greetings
Jaroslaw Lipszyc




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