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cc-licenses - Re: [cc-licenses] Parallel Distribution and Non-Copyleft Licenses

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Subject: Development of Creative Commons licenses

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  • From: "Benj. Mako Hill" <mako AT atdot.cc>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Parallel Distribution and Non-Copyleft Licenses
  • Date: Sat, 2 Dec 2006 12:42:45 -0500

<quote who="Greg London" date="Sat, Dec 02, 2006 at 02:12:48AM -0500">
> > On Wed, 2006-29-11 at 21:20 +0000, Rob Myers wrote:
> >> The clause provides a way of removing people's rights.
> >
> > That's simply not true. Nobody loses any rights from having the clause
> > added, and your net freedom is greater with a parallel distribution
> > clause than without it.
>
> Don't get too tripped up in the language.

The language Rob used was both biasing and incorrect. Evan was right to
correct him.

Nobody *loses* any rights or abilities with the addition of the parallel
distribution. Nobody *loses* the ability to do anything. In fact, the
vast majority of people will be able to do more than they could without
it. I have heard no informed arguments that this is not the case.

The dominant argument against PD is that it introduces a
technologically-created, and legally enforced, *disparity* in users' and
technology producers' ability to take advantage in the terms of the
license.

Of course, some disparities in our ability to take advantage of rights
under CC licenses are unavoidable. I don't think there's disagreement
here either. Now there's a series of half-articulated critiques that say
that DRM is different because it's legally enforceable with the DMCA and
related laws, because it's arbitrary, because it's controlled by
powerful people who CC is not supposed to serve, and in general because
it's bad.

For these reasons and others, opponents of PD have taken the position
that the ability for good actions (users' playing the music from your
game in a stereo, using a music box melody as your doorbell sound.) are
outweighed by the potential effects of introducing this particular
potential for disparity.

That's a fair position, and one that I feel very justified in
disagreeing with strongly. But we can't argue on the merits of our
positions unless we all try a little harder to focus on the issues we
disagree on.

Regards,
Mako


--
Benjamin Mako Hill
mako AT atdot.cc
http://mako.cc/

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




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