Development of Creative Commons licenses

[James Grimmelmann <james AT grimmelmann.net>]

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