Development of Creative Commons licenses

[Anthony <osm AT inbox.org>]

On Fri, Aug 10, 2012 at 3:28 PM, P. J. McDermott <pjm AT nac.net> wrote:
> 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?

You seem to be assuming that the "recipient" controls the endpoint.
That is not always the case.

Clarifying what is meant by "recipient" would be helpful, as there are
many use-cases where that is unclear.  But from your explanation it
sounds like whether or not distribution via HTTPS is permitted is
dependent in part on whether or not the recipient has sufficient
access to the receiving machine.