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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: Andres Guadamuz <a.guadamuz AT ed.ac.uk>
  • 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 13:52:59 +0100

I've been reading the comments and the many reports on the Zune v CC DRM, and I must admit that I'm having a difficult time imagining why this is important for CC content.

Let's say that you copy the Wired CD into your computer and then transfer files to your Zune. We can agree that this is perfectly acceptable under the terms of the licences. From what I understand, Zune will not change the rights on the content or place any DRM on it. The potential problem happens when you transfer the files using Zune's wireless sharing feature. The recipient Zune will not change the file, but will refuse to play after three days (please correct me if this is not the case). While this is an annoying feature, I do not believe that it contravenes the existing terms of the licence because one-off copying is not distribution, although I admit that different legislations may define distribution differently. The Generic 2.5 licences specifies that:

"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."

Nothing stops you from transferring the files via another medium (such as burning a CD or placing the files on a USB stick), or even downloading the content directly.

Regards,

Andres

------------------
Andres Guadamuz
AHRC Research Centre for Studies in
Intellectual Property and Technology Law
Old College, South Bridge
Edinburgh EH8 9YL

Tel: 44 (0)131 6509699
Fax: 44 (0)131 6506317
a.guadamuz AT ed.ac.uk
http://www.law.ed.ac.uk/ahrb/
http://technollama.blogspot.com/




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