Development of Creative Commons licenses

[<zotz AT 100jamz.com>]

On Sat, 21 Apr 2012 09:30:05 +0900, David Chart <bydosa AT davidchart.com>
wrote:
> On 2012/04/21, at 3:35, Rob Myers wrote:
> 
>> A five-ton sculpture can be photographed, sketched, or copied in
>> miniature. All may be acts restricted by copyright.
>>
>>> 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 DRM is added to the work they will not however be able to do so
>> without risking legal action.
> 
> Are you absolutely sure about this? I can photograph, sketch, or copy
> in miniature scenes from a Blu-ray move without circumventing the DRM.
> Putting the disk in a legal Blu-ray player and displaying the result
> on a screen is obviously not circumvention; that's the intended use of
> the DRM. The BY-SA licence then clearly gives me the right to make
> derivatives of the images that I can now see.
> 
> As far as I can see, there are two risk cases here, which I'll call
> User and Adaptor.
> 
> User gets a copy of work A, which is licensed under CC-CY-SA, and
> which has DRM. User would like to copy it, but may not, because of the
> DRM.
> 
> Permission to circumvent gets round this problem in jurisdictions
> where the rights holder in the work may grant permission to circumvent
> the DRM, or when the rights holder also has the right to grant
> permission to circumvent a particular DRM.
> 
> Parallel distribution makes the situation no different from parallel
> distribution of a work, B, under CC and ARR, which you have said you
> are happy with. If I have the DRM version of work A, I have, at worst,
> the rights I would have with the ARR version of work B (none). In both
> cases, I can look for the CC version, but until I find it, I don't
> have the legal right to make the copies.
> 

Oh, but the situation is different. For BY-SA at least.

Person 1 can take his own copyrighted work and distribute it under
BY-SA and ARR.
Person 1 can take his own copyrighted work and distribute it
"protected" by DRM and in the clear.

Person 2 can take person 1's BY-SA licensed copyrighted work and
distribute it under BY-SA.
Person 2 cannot take person 1's BY-SA licensed copyrighted work and
distribute it ARR.

Person 2 can make a derivative of person 1's BY-SA licensed copyrighted
work and distribute it under BY-SA.
Person 2 cannot make a derivative of person 1's BY-SA licensed
copyrighted work and distribute it ARR.

Person 2 needs to seek person 1's permission to do the "cannots" above.

You want person 2 to be able to take person 1's BY-SA work and
distribute it or a derivative of it "protected" by DRM and in the clear
elsewhere without seeking person 1's permission. This is different than
the dual license situation.

all the best,

drew