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cc-licenses - Re: [cc-licenses] Some basic agreements?

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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] Some basic agreements?
  • Date: Wed, 06 Dec 2006 17:41:57 -0600

Greg London wrote:
> Maybe we ought to start out and agree
> on what the actual problem we're trying to
> solve really is:

[the situation with neither "Anti-TPM" nor "ParDist" permits the
following bad consequences...]

> (1) The content can be monopolized because

Yes.

> (2) The right to distribute and sell the work on
> Dave's DRM-only hardware could be monopolized
> exclusively by Dave

Yes.

> Can we all at least agree on these two points?
>
> That these are the two basic problems that need
> to be addressed in CC-SA, regardless of how
> it is implemented in the license?

Yes, absolutely on both points for CC-By-SA.


Other licenses are also affected to a lesser degree:

For CC-By, we assume that the producer is less concerned about these
kinds of 'exploitation'. However, there are significant ways in which
people motivated to use CC-By will be disappointed with this outcome
(fair use, ability to compete with own work on the platform). So it's
still a problem. Just not as serious.

It remains a problem for CC-By-ND because of the same fair use issues
that apply to CC-By.

For CC-By-NC it basically is *NOT* a problem, because the NC clause
protects against this kind of exploitation by specifically denying DRM
Dave commercial use of the work.

However, this fact means that removing TPM protections from all licenses
will have the further undesirable effect of promoting NC over SA
license. (Ick!)


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





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