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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: Rob Myers <rob AT robmyers.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] ParaDist Questions
  • Date: Sun, 03 Dec 2006 11:11:56 +0000

Benj. Mako Hill wrote:

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.

"Remix stuff on their computers"?

"Move the data from their games onto different systems?"

"Play stuff on their steroes?"

No DRM makes these more likely as ongoing possibilities for an individual than DRM does. And dual distribution makes DRM more likely in any given situation than anti-TPM does.

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.

Are you saying that without the DRM the user *cannot* play the CC licensed work at all?

Because if not, they can have full freedom over it elsewhere and it is better for them not to lose this. If so, they are not free and we should be concentrating on freeing them, not helping them to remain trapped.

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.

This confuses existence with degree. And your examples do not work as they confuse read-only distribution media with use restrictions on platforms.

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.

Then surely we should allow anyone to remove the freedoms that the CC licenses feature, and not just technologically.

- Rob.





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