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  • From: Rob Myers <rob AT robmyers.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] DRM
  • Date: Fri, 13 Jan 2012 21:16:13 +0000

On 13/01/12 07:59, David Chart wrote:
>
> On 2012/01/12, at 9:07, Mike Linksvayer wrote:
>
>> (3) Given (2) I wonder whether copying GPLv3's approach of permitting
>> circumvention would not be more powerful in giving users freedom --
>> obviating (1) and need for compliance.
>
> Would it actually work? If I distribute something on the iPhone, are
> people allowed to bypass the TPMs without Apple's permission, even if
> they have mine?

With the GPL the situation is different, as it states that GPL-ed
software cannot be part of any effective TPM. With BY-SA covered work,
neither the DRM nor its application are implemented or controlled by the
work or its rightsholder.

> If circumvention is illegal even with permission, as it apparently is
> in Japan, then permission to circumvent would be a dead letter in
> that jurisdiction, which undermines the international applicability
> of the license. Parallel distribution, however, will be legal
> everywhere.

As will the current measure of refusing to allow the addition of DRM to
distributed works.

> Having looked at the webpage on the 3.0 discussion, it seems that a
> major reason for dropping the parallel distribution clause was that
> there weren't enough real cases for it. In 2006, that was probably

That was one reason. Other reasons were that it was a bad tactic and
ethically dubious.

> true. In 2011, however, we have iOS, the Kindle, and the entirety of
> Japanese television. Given the scope of these media, a no-TPM clause
> seems to be as much of a restriction of freedom as a no-hard-copy
> clause. It wasn't in 2006, but things have changed a lot since then.
>
> So, I think I'm in favour of a parallel distribution clause.

If DRM is spreading, it's hardly the time to stop resisting it. DRM
makes the freedoms granted by the CC licences vacuous. People who aren't
willing to jailbreak their iPhones or install Debian on their Kindles
can still add copy restrictions to CC licensed work via iTunes or their
Amazon account in order to install it *privately* on those devices.
There is no need to allow Amazon or Apple to hold them hostage with
DRM-encumbered *distribution*.

- Rob.




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