Development of Creative Commons licenses

[tomislav medak <to-me AT mi2.hr>]

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hi jaroslaw,

in my understanding, the fact that it's your own zune player's software
that limits the playability of files it registered as received through
sharing to 3-days/3-plays simply does not amount to imposing
technological measures on distribution, public display, public
performance or public digital performance. therefore, if zune's DRM in
fact functions as they claim it does, it simply does not constitute an
infringement of CC license terms.

it's rather that the zune player is defective by design and people
should just not buy it.

tom

Jaroslaw Lipszyc wrote:
> 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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