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Subject: Development of Creative Commons licenses

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Chronological Thread  
  • From: drew Roberts <zotz AT 100jamz.com>
  • To: nic AT suzor.com, Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] (no subject)
  • Date: Mon, 4 Dec 2006 22:50:30 -0500

On Monday 04 December 2006 10:38 pm, Nic Suzor wrote:
> On 12/5/06, Greg London <email AT greglondon.com> wrote:
> > There is no way a CC-SA movie will ever be
> > released in the current environment of the
> > movie industry.
>
> The day that a CC licensed movie approaches a deal to get a wide
> release, I don't want a flat-out prohibition on DRM stopping that.
> Cafune, Elephants Dream, Swarm of Angels, Sanctuary, to name but a
> few; there's a growing number of high quality CC-licensed films being
> produced.

See, this is where talking of CC causes confusion. Swarm of Angels is not
free
inthe first place. Aspecial deal is going to have to be cut with the
copyright holders to get that in theatres in any case. Permission will have
to be sought.

It is for the Free works that permission will not have to be sought. It is
for
the Free works that I am mostly concerned, especially whose with copyleft
characteristics.
>
> > There is no difference between the Lucas scenario
> > above and DRM-Dave's hardware, other than semantics.
>
> The scenario you have constructed is a straw man. In your scenario, If
> someone (Lucas) says that they'll make the all modifications
> (derivative works) available under BY-SA, then that's complying with
> the licence.

No it is not. The whole movie will have to be BY-Sa should he use BY-SA music.

> The community benefits from the work done by others to
> BY-SA-licensed works.
>
> If Lucas took CC-licensed works, otherwise complied with the licence
> by releasing the movie (or his modifications of the cc-licensed works,
> if they are separable from the rest of the movie and the entire movie
> is not required to be released under the licence), and he needed to
> apply a TPM in order to get it distributed, fine.
>
> (note - I don't like this strict interpretation - I think that
> significant use of a BY-SA-licensed work as part of a movie would
> require the entire movie to be released under BY-SA, not just
> modifications to that work).
>
> > You want to vote that with your wallet, go for it.
> > Put a dual license on your content.
>
> [...]
>
> > Just keep your hands the COMMUNITY's wallet
> > while you're doing it.
>
> If it is the case that the 'community' really doesn't want to allow
> DRM like this, then I can accept that. I will begin to dual license or
> re-license my works.

I know I don't want to allow it. Still, the point may be moot I am afraid.
>
> The reason I'm still arguing this point is because I haven't seen a
> consensus. We saw an informal 'hum vote' at the iCommons summit in
> Brazil. I was just trying to have my point of view noted and counted.
>
> I would prefer not to have to dual-licence my works. I am afraid of
> the growing problems associated with licence proliferation and
> incompatibility. I definitely don't want to have to roll my own
> licence. If I have to, I will, but I thought that the discussion on
> this list could be a constructive way of analysing the arguments and
> coming to a sensible decision.

Seems like perhaps an anti-tpm (NT?) bolt on to BY-SA might be best. (With an
option for downstream creators to move derivatives from BY-SA to BY-SA-NT?)
And that NT might need to be no TPM of any kind, even locally applied.

No one wants it it seems, but it also seems like no matter the outcome of
these discussion, some are gonna go dual license with one of the licenses
possibly being a roll-your-own license any way.

>
> Again, I'm not trying to speak for anyone else. I just wanted to
> participate in the drafting review process.
>
> kind regards,
>
> nic.

all the best,

drew
--
(da idea man)
National Novel Writing Month
Sayings (Winner 2006)
http://www.ourmedia.org/node/262954




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