Development of Creative Commons licenses

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

On Wednesday 29 November 2006 12:43 pm, Benj. Mako Hill wrote:
> None of the usual suspects have yet responded to the analogy James and I
> made between DRM and other technological barriers to modification in our
> essay. I think it's instructive so I'd love the response from
> drew/Rob/Greg/Terry/whoever.

So I am one of the usual suspects now? Cool...

First let me say that I am in a contest to write a novel in a month this 
month. I may have missed that, or I may have inteded to respon and forgot.

Second. I am a bit punch drunk today due to being 'beaten up' severely by the 
day yesterday, so I may not be too coherent in these responses. 
>
> In the essay, we used the example of a mobile phone but I think I can do
> better here:
>
>   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.

This is an excellent issue. First let me say that I have no problem with a 
melody that I release under a BY-SA license being turned into a music box.

OK, if I am cool with that, I should be cool with the greeting card or the 
snow globe. I think I am.

>
> First, is this a violation of the current anti-TPM language? It seems to
> me that it probably is. 

Why? What technical measures have they taken to protect anything?

Also, I think at this point, it might be important for us to discuss whether 
we are against TPM, or DRM or both?

> 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.

As to the greeting card and DRM, the BIG difference is the law... If Joe buys 
a greeting card and wants to try and get the melody off, it is legal. If not, 
why? Because it has DRM? If so, you are asking for the difference between 
identical things.

Well, I would have to ask a question since I am not into musical greeting 
card 
designs.

Can the manufacturer take the tunes off after sale? Replace them with new 
tunes? Sell new tunes for them over the net?

If not, this may be a key difference. I will need to think more.
>
> Second, if the process of building musical greeting cards *is* a
> violation in the license, would parallel distribution be a acceptable
> solution in this case? Is banning distribution of CC works in greeting
> cards less free than shipping each one with a mini-CD of the unmodified
> work?
>
> If not, why can works licensed under CC licenses without ND clauses be
> distributed to devices that cannot modify their content (i.e., anything
> with read only media)?

Distributed to or distributed on? I think from the question you seem to be 
asking, you must mean distributed on. Please let me know.
>
> If so, why is DRM different?
>
> Regards,
> Mako

all the best,

drew
-- 
(da idea man)
National Novel Writing Month
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