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cc-licenses - Re: [cc-licenses] Dual Distribution Reconsidered

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Subject: Development of Creative Commons licenses

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  • From: Terry Hancock <hancock AT anansispaceworks.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Dual Distribution Reconsidered
  • Date: Mon, 04 Dec 2006 06:43:36 -0600

James Grimmelmann wrote:
> I would tentatively disagree with this reading. The revised anti-DRM
> clause refers to rights "granted . . . under the License." The licenses
> only "grant" rights in section 3. Fair use is mentioned in section 2,
> but is not "granted." Restrictions on fair use rights that don't also
> restrict one of the explicit rights granted in section 3, therefore,
> don't violate the anti-DRM clause. DRM is prohibited if and only if it
> interferes with one of the "granted" section 3 rights.

If James' interpretation is correct (or more to the point, legally
sound), then CCPL3 has an error, IMHO.

ALL RIGHTS, whether explicitly or implicitly granted by the license,
should be defended from TPM/DRM encroachment, including "fair use"/"fair
dealing" rights!

Cheers,
Terry

--
Terry Hancock (hancock AT AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com





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