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cc-licenses - Re: [cc-licenses] PROCEDURAL SUGGESTION

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Subject: Development of Creative Commons licenses

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  • From: Jochen Bruening <jochen.bruening AT uni-konstanz.de>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>, Paul Keller <paul AT waag.org>
  • Subject: Re: [cc-licenses] PROCEDURAL SUGGESTION
  • Date: Mon, 02 Oct 2006 19:09:28 +0200

Paul, thank you for your suggestion!
Jochen

Zitat von Paul Keller <paul AT waag.org>:

> dear all,
>
> i do not know if i am the only one who has problems following the
> discussion on this list. basically there are very few people who are
>
> posting extremely frequently. for anybody who is not able to
> constantly follow this discussion it is almost impossible to follow
>
> it. i think this is a pity as the subject (the public discussion of
>
> 3.0) seems to warrant as broad participation as possible. also i
> doubt if the level of detail that the discussion has reached by now
>
> is really appropriate in order yo debate the merits of a clause in a
>
> generic license that is intended for use on a wide range of cultural
>
> expressions.
>
> for the sake of this discussion i would suggest that people should
> stop posting multiple posts one day and limit themselves to one post
>
> per 24 hours. it might be a good idea if those who have been actively
>
> involved in the discussion so far sum up their position in their next
>
> post so that people who have bailed out can get an overview of where
>
> this discussion actually stands. i think this is only fair as i
> belive the public discussion period for 3.0 is about to come to an
> end around this time (or am i mistaken here mia?).
>
> again this is a suggestion only (i obviously do not have the powers
>
> to enforce tis anyway) but i think this is more or less the only way
>
> to try to somehow get this discussion to an end that is not
> determined by exhaustion of those who discuss.
>
> all the best from amsterdam,
> paul
>
>
>
>
> On Oct 2, 2006, at 6:14 PM, Greg London wrote:
>
> > If you have some CC-SA project and you
> > allow DRM-Dave to be sole source supplier
> > of that CC-SA content on his hardware player.
> > And if DRM Dave uses DRM and DMCA to
> > make sure no one can get content to his
> > player unless they pay him for every copy:
> >
> > Then your CC-SA project is equivalent
> > to a team that designed a Free ink Cartridge,
> > and you have decided to allow DRM-Dave
> > to take your design, apply DRM to it, put
> > hardware in his printer that detects the DRM,
> > and causes the printer to refuse to operate
> > unless the ink came from Dave.
> >
> > This is what I mean by platform monopoly.
> >
> > Dave becomes sole source for ink or for
> > content for his hardware platform.
> > And he uses DRM and DMCA to enforce this.
> >
> >
> > If Dave applies DRM to the content so that
> > it is transpararent and does not affect the
> > rights to that instance of the work,
> > If Alice can buy that DRM content from Dave
> > and then turn around and give it free to Bob
> > because the DRM doesn't prevent it,
> > then fine, DRM is transparent and the rights
> > to all instances of the work are not restricted.
> >
> > If Dave uses DRM to restrict access to the
> > content, so that he can sell Alice a copy for
> > fifty dollars, and Alice is unable to share that
> > copy with Bob, and Bob must buy a copy from
> > Dave for fifty dollars, then you have a platform
> > monopoly.
> >
> > Congratulations.
> >
> > You've allowed your Free printer ink cartridge design
> > to be used in a completely non-Free way.
> > And your parallel copies do nothing to prevent this
> > platform monoply.
> >
> > While copyright doesn't extend to the design of
> > mechanical parts for printers, the metaphor is the
> > same. Except in the case of copyrightable content,
> > you can actually use a copyright license to prevent
> > a platform monopoly. Anti-TPM does that. You can
> > allow TPM as long as its transparent, but if TPM
> > restricts the rights to the DRM-ENabled version of
> > the work, then it's a monopoly, and is not Free.
> >
> > Greg
> >
> > http://www.couragevow.com
> > Take the vow.
> > _______________________________________________
> > cc-licenses mailing list
> > cc-licenses AT lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
> --
> waag society | nieuwmarkt 4 | NL - 1012 CR amsterdam
> e: paul AT waag.org | t: +31 20 557 9898 | f: +31 20 557 9880
>
>
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