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cc-licenses - Re: [cc-licenses] 912 emails about DRM

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Subject: Development of Creative Commons licenses

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  • From: David Chart <bydosa AT davidchart.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] 912 emails about DRM
  • Date: Wed, 18 Apr 2012 18:56:16 +0900


On 2012/04/17, at 7:26, Rob Myers wrote:

> Because you can end up with versions of the work that you are not free
> to use.
>
> This is something that permissive licenses permit but that copyleft
> licenses do not.
>
> Therefore BY-SA at least should not permit it.

Should BY-SA prohibit hardcopy distribution (printed books)?

Should you be forbidden to apply BY-SA to a work that is, for example, a five
ton granite sculpture?

It is no harder to copy and modify a DRM-protected version of a novel than a
hardcopy novel. If the DRM can be legally circumvented, it may even be a lot
easier. In the worst case, you can copy the words while you read it, which is
what you have to do with hardcopy.

In the case of the five-ton sculpture, the copying provision is basically
moot; it's five tons of rock. However, the creator might still want to allow
that if you can, and definitely allow the creation of derivative works as
long as you sharealike.

If you do want to exclude these cases, then I strongly disagree with you
about the scope of the licenses; I do not think they should be restricted to
digital culture, and you should certainly be allowed to print and sell a
BY-SA novel.

If you do not want to exclude these cases, you can't rely on "end up with
versions you are not free to use" as an argument against permitting DRM
distribution with parallel distribution, because you are permitting exactly
that situation in other cases. Without even parallel distribution, in the
case of the statue, and possibly in the case of the book.

--
David Chart
http://www.davidchart.com/





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