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Subject: Development of Creative Commons licenses

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  • From: Mike Linksvayer <ml AT>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT>
  • Subject: Re: [cc-licenses] ParaDist Questions
  • Date: Wed, 29 Nov 2006 10:32:18 -0800

On Wed, 2006-11-29 at 12:43 -0500, Benj. Mako Hill wrote:
> Let's say that there is a popular piece music under a permissive
> CC license. Now let suppose that a manufacturer of electronic
> greeting cards and small musical snow-globes wants to use that
> piece of music as part of their cards and music boxes. Neither
> devices have the ability to modify the music or even to copy it
> off.
> First, is this a violation of the current anti-TPM language? It seems to
> me that it probably is. If you think that is not, I'd love to hear why
> you think that technical restriction is fundamentally different between
> a greeting card and DRM. The key difference seems to be intentionality,
> but the license doesn't talk about that and probably shouldn't.

I doubt an artifact that doesn't actively facilitate digital copying
would be considered to have TPM. If that was the case a photo on paper,
or text on paper, would be TPM.

This is important because DMCA and its ilk only makes circumventing TPM
illegal, not making any analog copies. So there is no reason for a
license to care about this case.




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