Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Sunday 29 October 2006 11:55 am, Jörg Zastrau wrote:
> >> [drew]
> >> Give an example device with its abilities and restrictions and let's see
> >> how things shape up.
> >> [..]
> >> Like I say, I just got back in the loop, but I feel that the "device
> >> under discussion" keeps morphing and so the issue gets muddy.
>
> I agree that my generalization was premature. So let me rephrase the
> usage scenario with focus on the DRM-issue alleging that the
> envisioned device exists.
>
> Larry Lerner is technologically impaired. He likes to listen to some
> by-sa licensed audio on his DRM-enabled device. He has a personal key
> that allows him to sign off non-DRM work and use it on his device. He
> relies on me as a friend that I download the work on his device as he
> has no clue how to do it himself.
>
> I take his device to my home, sign-off the by-sa licensed work and
> return the device now loaded with the by-sa-drm work back to Larry.

His device, his personal key, you are doing a favour for him. I don't see any 
distribution in there but others may differ. There is no movement of a DRMed 
file from one device to another. I am interested in discussing this further 
as it seems a bit like the question of whether it is OK for me to have my 
personal staff (who are on my payroll) download NC works to my devices for my 
later use.
>
> (this is what I called "private distribution")

Well, do any others have any idea if this constitutes distribution of any 
sort?
>
> >>> [me]
> >>> [..] Most of my concerns are invalidated if DRM/TPM it is
> >>> allowed for "private distribution".

Is this the limit of "private distribution" in your mind, or are there other 
use cases? As a friend, are you gonna charge him for your time? Would it 
matter in the case of BY-SA work?

Copyright seems to often make "parallel" things differ under the law.
> >>
> >> [drew]
> >> I think this may be a "wording issue" or a misunderstanding. DRM/TPM may
> >> be allowed for private application. I don't recall it being allowed
>
> for "private
>
> >> distribution".
> >
> > [Peter]
> > To avoid any misunderstandings:
> > DRM/TPM encryption is allowed as long as it's for *private use*, you may
> > not prevent others from using the work. Copying a work to a DRM
> > protected platform is OK if you are the end user. "Private distribution"
> > is a misleading description since it implies that it's ok to distribute
> > such a DRM/TPM encrypted work to friends etc.
>
> or in other words: I cannot do this - only Larry can.
> partial fix (and hereby invoking other issues): parallel distribution
>
> disclaimer: I am aware that my example is a bit far-fetched. The issue
> at hand is one of "convenience".

Yes, well, I am all for the convenience of others so long as it does not 
endanger the freedom of others.
>
> Joerg Zastrau

all the best,

drew
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