Development of Creative Commons licenses

["P. J. McDermott" <pjm AT nac.net>]

On 2012-08-10 14:25, Anthony wrote:
> On Fri, Aug 10, 2012 at 12:49 PM, Gregory Maxwell <gmaxwell AT gmail.com> 
> wrote:
>> On Fri, Aug 10, 2012 at 8:57 AM, Anthony <osm AT inbox.org> wrote:
>>> Yes, this is worth pointing out.  Through a quick look the restriction
>>> appears to be "You may not restrict the ability of a recipient of the
>>> Work from You to exercise the rights granted to that recipient by the
>>> terms of this Public License, including through the imposition of any
>>> effective technological measures."
>>>
>>> Still, I think the question of "can I distribute the work using
>>> https??" applies.
>>
>> I'm not sure how we can have a productive conversation starting from
>> this kind of basic misunderstanding.
>>
>> There is simply nothing in the text of the license which I can see
>> would allow someone to draw the conclusion that distributing content
>> in HTTPS would be problematic.  Please help me understand how you're
>> coming up with that— and perhaps we can hammer out some little tweak
>> that prevents that kind of misunderstanding that we can suggest.
> 
> The quote is right there.  HTTPS is a technological measure.  I'm not
> sure what "effective" means, so I don't know if HTTPS is "effective"
> or not.

HTTPS may be considered an "effective technological measure" by many
common definitions thereof, since it prevents middlemen from reading
transmitted data.  But it doesn't "restrict the ability of a recipient
of the Work from You to exercise the rights granted to that recipient by
the terms of this Public License".

The ability of the recipient to "reproduce, distribute, perform,
display, communicate and Share the Work, and create, reproduce,
distribute, perform, display, communicate and Share Adaptations" is
unaffected by HTTPS.

Or do you argue that middlemen between the HTTPS endpoints are
recipients as well?  Perhaps the license's definition of "recipient"
should be clarified?

-- 
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