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cc-licenses - Re: [cc-licenses] Retracting masterial distributed under aCC 2.0 BY-NC-SA Licence.

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Subject: Development of Creative Commons licenses

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  • From: "Dana Powers" <dana.powers AT gmail.com>
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Retracting masterial distributed under aCC 2.0 BY-NC-SA Licence.
  • Date: Wed, 13 Dec 2006 16:01:04 -0800

talking about DMCA violations is confusing because the law covers so
much ground. But two of the more major rules it created were the 512
takedown provisions and the 1201 anticircumvention rules. It sounds
to me like this complaint is more about the latter, 1201, i.e. that
you are linking to a website that distributes drm or tpm circumvention
tools.

If this is the case, the most relevant case I can think of is MPAA v.
2600, in which the MPAA forced 2600 to stop linking to websites that
distribute DeCSS (code that decrypts dvds). I can't tell you whether
this ruling would apply to you, but I do know that the test that was
upheld wrt linking was pretty narrow - i.e. you have to have known
about it and done it intentionally - and that at the very least your
"linking" is not the same as 2600's because (from what I can tell)
you're in hardcopy. If you're interested in the opinion, you can read
it here:
http://cyber.law.harvard.edu/openlaw/DVD/NY/appeals/opinion.html

In any case, if you haven't talked to a lawyer yet, you should. I
sometimes refer people (in the US) to Volunteer Lawyers for the Arts -
http://www.vlany.org/legalservices/vladirectory.php .

best,
dp

On 12/12/06, Discussion on the Creative Commons license drafts
<cc-licenses AT lists.ibiblio.org> wrote:
Terry wrote:

> 1) they can issue a take-down because of DMCA terms (IOW, it isn't
> really a copyright/license issue at all)

DMCA issue related to copyright violation (conspiracy to circumvent
technological protective measures.)

Note: this is for a hard copy/PDF document, not a website.

xan

jonathon
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