Development of Creative Commons licenses

[Nicholas Bentley <nicholas AT commonrights.com>]

Sarah, Greg, Heather,

I have a follow-up question to this discussion of TPM's. 

If the file/work in question has has identifiers/fingerprinting attached to it which help identify the right holder, author, CC licensor, ...,  but does not restrict access to the file is that considered a TPM? I assume the identifications, whatever, could be construed as protecting the rights associated with the file but not the file itself. But, does this mean that licensee does not have the right under the 'TPM' clause to remove these identifiers if they don't restrict access? Should a distinction be made between technical measures protecting rights and those protecting access to manifestations?


Thanks for the clarification,

Nicholas Bentley

On 17 January 2013 17:31, Greg Grossmeier <greg AT grossmeier.net> wrote:

Hello Heather,

<quote name="Heather Morrison" date="2013-01-16" time="13:06:47 -0800">
> One question that I have which comes up with respect to open access
> works: what about paywalls imposed by a downstream licensor that are
> not applied TO the work, but rather something people need to address
> in order to get TO the work. I'm not sure if it is even possible to
> preclude this - most of us have to pay for internet access, so one
> could argue that everything on the internet is behind a paywall.

You point to the general underpinning of the issue; everything in the
world, unfortunately, costs something to gain access to, other than air
(for now).

It has never been the interpretation of CC, to my knowledge, that a
paywall (or other login mechanism) was a TPM.

Keep in mind the reason for the TPM clause is to address the DRM issue,
which prevents people *who already have the file/work* from using it in
ways that the license allows. It isn't about people gaining access to
the file/work in the first place.

Best,

Greg

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