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cc-licenses - Re: [cc-licenses] Parallel Distribution Statement

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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] Parallel Distribution Statement
  • Date: Thu, 30 Nov 2006 00:09:04 +0000

Francesco Poli wrote:
On Wed, 29 Nov 2006 15:29:17 +0000 rob AT wrote:

an imaginary Debian Legal listmember's
objection that it discriminates against a field of endeavor (DFSG-7 IIRC).

Just to nitpick: it's DFSG#6 (No Discrimination Against Fields of
Endeavor); see [1] for further details.

D'oh. Clause 6. Thank you.

Wait one second: are you claiming that CC-v3.0draft anti-DRM clause is
equivalent to GPLv3draft2 one?
[...] I think that the GPLv3draft2 one implicitly allows parallel distribution
(at least in cases where the DRM can be applied by anyone): the reason
is that the clause focuses on "modes of conveying", rather than on
imposition of DRM on the work.

Hmmm. I see what you mean. And given Mia's comment on the intent of the CC licenses, this may be the case for the CC licenses as well.

So do we really need a dual distribution clause anyway? Is it in fact the requirement to provide an unencumbered copy that is not currently present in the license and would require a dual distibution clause to introduce?

Oh, the irony if that is the case. :-)

But then we get on to who can legally add DRM to a work.

Conveying through DRM-encumbered media or channels seems to be allowed
as long as final recipients are not denied the freedoms granted by the

This would be good for streaming internet radio using RealAudio for example. And possibly for the Zune case (at least for ND work, and ignoring Fair Use).

Conveying through a DRM-*un*encumbered media or channel in
parallel to the DRM-encumbered one, seems to be enough to re-enable the
full exercise of the legal rights granted by the license, at least in
cases where anyone is allowed to apply the DRM to modified versions of
the work.

But if everyone is allowed to apply DRM to modified versions of the work they do not need to receive DRM versions of the work as they can apply the DRM to the original version themselves.

- Rob.

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