Development of Creative Commons licenses

[pcreso AT pcreso.com]

As far as data & software are concerned, they are often released under more than one licence. The user chooses which is appropriate for their needs, the rights holder enable whatever licences they desire. For a software example, see:
http://www.mysql.com/about/legal/licensing/index.html

The equivalent for a creative work -
- a book may be released under a CC-BY-NC licence, allowing individuals to download, but libraries charging for issuing the book are required to have a commercial licence.
 
- a dress pattern/design may be released under a CC- NC licence for personal use, to make your own clothes, but a commercial licence is required to make clothes for sale based on the design.

So it seems that in the software, data & creative worlds there are realistic use cases that make support for parallel licences at least useful, & in some cases, required. DRM is only one such case (of parallel licencing).


CC needs to decide if it is trying to devise suitably wide ranging licences to facilitate these situations, or only open licences which will not meet such needs. If the intent is only to provide licences to meet certain situations, then this should be clear & explicit, & the use cases where a CC licence is not appropriate should be explained.

Brent Wood

--- On Sun, 4/8/12, Ben Finney <bignose+hates-spam AT benfinney.id.au> wrote:

From: Ben Finney <bignose+hates-spam AT benfinney.id.au>
Subject: Re: [cc-licenses] TPM: please explicitly allow parallel distribution
To: cc-licenses AT lists.ibiblio.org
Date: Sunday, April 8, 2012, 11:07 AM

Rob Myers <rob AT robmyers.org> writes:

> To the extent that the licensed work cannot have DRM applied,

That's the change being asked for: to remove that prohibition.

> there can be no parallel distribution of the licensed work, surely?

Yes. So the desire is to allow parallel distribution of DRM-encumbered
forms – “parallel” because they must only exist as an option beside the
primary DRM-free forms.

With parallel distribution permitted, regrdless of whether a
DRM-encumbered for is distributed, the work must be available DRM-free
to any recipient who chooses it, and recipients must be notified that
this is available to them.

In other words, it is preferable that distributors may choose to make
*additional* dorms, even DRM-encumbered forms, available in parallel, so
long as every recipient can choose a DRM-free form and is made aware
they have that choice.

> The licensor of any original work can offer that work under any terms
> they like, the license cannot prevent them distributing the work
> non-CC with DRM attached.

Right. The work, though, is still under the same license no matter what
medium it's on, even if DRM is applied.

> So what change is being suggested here? :-)

To allow distribution of DRM-encumbered forms, while requiring that the
work is always available to any recipient in a DRM-free form and that
recipients be notified of that option.

That's my understanding of what is being asked for, anyway.

--
\     “As scarce as truth is, the supply has always been in excess of |
  `\                                       the demand.” —Josh Billings |
_o__)                                                                  |
Ben Finney

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