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cc-licenses - Re: [cc-licenses] ParaDist Questions

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <rob AT>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT>
  • Subject: Re: [cc-licenses] ParaDist Questions
  • Date: Wed, 29 Nov 2006 21:27:53 +0000

Benj. Mako Hill wrote:

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.

Because the greeting card is neither intended nor implemented as DRM and therefore is not covered by TPM law.

If the card manufacturer is concerned that they may be breaking the license they can declare that their card does not constitute effective TPM and that individuals have the explicit right to access the music.

The key difference seems to be intentionality,
but the license doesn't talk about that and probably shouldn't.

Yes, NC hangs far too much on intentionality.

[...] 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)?

Because these forms do not actively prevent derivation in the same form.

If so, why is DRM different?

Because DRM is law not technology.

- Rob.

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