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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 atdot.cc>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] ParaDist Questions
  • Date: Sat, 2 Dec 2006 14:57:42 -0500

<quote who="Greg London" date="Sat, Dec 02, 2006 at 01:45:35PM -0500">
> Now, you want to talk about "power disparity", how about
> DRM-Dave with his DRM-only player.

That is precisely what I was referring to.

You've posted your DRM-Dave description repeatedly and at least a
half-dozen times to this list and in other places I've seen --
frequently verbatim. I think that it's safe to assume that we've all
seen it.

I think it's fully appropriate at this point to use anaphora like "power
disparity" to refer to your precise, but page-long, DRM-Dave antecedent.

> Parallel Distribution does not solve this power disparity.

Both James and I have repeatedly acknowledged this. In fact, I pointed
this out explicitly in the message you replied to.

> But you must have the anti-TPM clause to prevent Dave from
> wielding far more power than Alice and Bob have.

You seem reticent to acknowledge that there are a whole set of things
that Alice and Bob might like to do -- e.g., move the data from their
games onto different systems, play music on their stereos, remix stuff
on their computers -- that parallel distribution makes possible and that
your solution leaves impossible.

You are in effect saying that the potential for abuse introduced by PD
through the power disparity you describe outweighs all of the "good"
things that PD would make possible. That may be a reasonable argument to
make, but it's one that is extremely debatable. You should be able to
acknowledge this.

Our examples about snow globes and musical greetings cards are trying to
describe how the technical power disparities of the type you are
describing exist outside of DRM. By addressing this disparity through
anti-DRM clauses, you are neither achieving a balance in favor of
maximizing freedom to and through CC works, nor effectively working
around power balance in total.

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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