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Subject: Development of Creative Commons licenses

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  • From: James Grimmelmann <james AT grimmelmann.net>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] ParaDist Questions
  • Date: Wed, 06 Dec 2006 17:10:26 -0500

Terry Hancock wrote:
I agree that it is a poor situation, but in fact, "TPM" is itself
*defined* by "intentionality", so it's necessary that we acknowledge that.

Why do you say this? Neither the WIPO treaties nor the DMCA refer to any intentionality requirement. The WCT and WPPT leave "effective technological measures" undefined, and the DMCA defines a "technological measure" solely in terms of its effects. Interestingly, intention _does_ come in under the DMCA in the definition of circumvention tools; the contrast might suggest that there is no intentionality requirement in the definition of a "technological measure" itself.

Is there some other source for a definition of TPM/DRM that includes intention?

James




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