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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: "Benj. Mako Hill" <mako AT>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT>
  • Subject: Re: [cc-licenses] ParaDist Questions
  • Date: Wed, 29 Nov 2006 16:31:16 -0500

<quote who="Rob Myers" date="Wed, Nov 29, 2006 at 09:27:53PM +0000">
> > [...] 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.

I can choose to include a ROM over a programming RAM *becuase* I want
to keep people from reprogramming my hardware. That technological
choice can have both the intent and the effect making it prohibitively
difficult for the vast majority users to create a derivation in the
same form.

> > If so, why is DRM different?
> Because DRM is law not technology.

I think at least one of us is confused. While the DMCA and similar
laws regular DRM and create penalties for trying to circumvent them,
DRM is technology. TPMs are created by programmers, not lawyers. One
of the major criticisms of DRM/TPM is that they are frequently out of
step with the law (e.g., when compared with fair use).


Benjamin Mako Hill
mako AT

Creativity can be a social contribution, but only in so
far as society is free to use the results. --RMS

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