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Subject: Development of Creative Commons licenses

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  • From: Mia Garlick <mia AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Will CC-BY allow DRM?
  • Date: Wed, 6 Dec 2006 15:35:37 -0800

just to clarify on the issue of whether religious organizations can use NC material consistent with the NC clause. the initial draft of the guidelines did question whether to exclude religious organizations (it didn't say that they necessarily were) but (a) there was some challenge to this on this list (b) this was final (c) from the general feedback i'm getting, it probably makes no sense to exclude them.

in any event, the guidelines are in discussion draft format. the person who gets to decide who can use NC materials is the licensor who chooses the NC license condition.

On Dec 6, 2006, at 3:31 PM, drew Roberts wrote:

On Wednesday 06 December 2006 06:03 pm, James Grimmelmann wrote:
drew Roberts wrote:
On Monday 04 December 2006 10:12 pm, Greg London wrote:
Any word from Creative Commons about changing
the basic CC-Attribution license so that it allows DRM?

Since CC-BY allows proprietary forking,
I see no reason to disallow proprietary DRM.

There is a reason though in that it would allow the restrictions on the
original works as well as the derivatives. Certainly no reason not to
allow it for derivatives. Unless someone really is out to use CC as a
weapon against DRM. I seem to be the only one who might be cool with that
thought.

No reason not to allow it on NC works either as DRM-Dave will not be able
to work his monopoly-fu because of the NC clause.

I disagree. NC isn't always a substitute for an anti-DRM clause.

It may be more a theoretical than a practical possibility, but I can at
least imagine a DRM Dave who acts wholly non-commercially. Maybe a
religious organization that wants to use DRM to prevent people of other
religions from reading or distorting their texts, or some such.

Sorry to post this on-list, but hasn't it been pointed out here on a cc list
without contradiction that religious organizations are not considered NC for
the purposes of the NC clause?

If they did not want distorting, ND would fit the bill. No?

Also, please, if it were their own texts, they could do what they like no
matter what the CC license says.

If DRM Dave makes an entirely original work, are you putting forward that the
wording of the CC licenses would prevent him from doing as he wishes with his
own works if he released them under a CC license?

Input from a CC lawyer would be appreciated on this question if James says
yes.


James

all the best,

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