Development of Creative Commons licenses

[James Grimmelmann <james AT grimmelmann.net>]

Francesco Poli wrote:
> On Sat, 02 Dec 2006 10:12:32 -0500 James Grimmelmann wrote:
>
> [...]
> > "When You distribute, publicly display, publicly perform, or publicly 
> > digitally perform the Work, You may not impose any technological 
> > measures on the Work that restrict the ability of a recipient of the 
> > Work from You to exercise the right granted to them under the
> > License."
>
> Not quite.  The latest CC-v3.0 draft (2006-10-25) states:
>
> | When You Distribute or Publicly Perform the Work, You may not impose
> | any effective technological measures on the Work that restrict the
> | ability of a recipient of the Work from You to exercise their rights
> | granted under the License
>
> Please note, among some other (minor) differences, the important word
> "effective"...

We are both right; you are quoting the unported version; I am quoting 
the U.S. version.

https://lists.ibiblio.org/sympa/arc/cc-licenses/2006-October/004459.html

This actually raises a serious issue.  The differences in the first 
clause are presumably traceable to the distinctive structure of the U.S. 
Copyright Act, but I wonder about the difference in the presence of 
"effective" and about the other seemingly cosmetic differences.  The 
phrase "the right granted" in the U.S. version is awkward.  Are there 
reasons for these divergences?

James