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cc-licenses - [cc-licenses] CC ShareAlike compatibility regarding ETMs (issue #2)

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  • From: mezzanine AT Safe-mail.net
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: [cc-licenses] CC ShareAlike compatibility regarding ETMs (issue #2)
  • Date: Sat, 10 May 2014 21:34:36 -0400

This message is in regards to the compatibility process for the CC ShareAlike
licenses, specifically open issue #2: (effective technological measures.) It
is my suggestion that compatible third-party licenses should prohibit the
applying of effective technological measures (ETMs) and should not simply
allow parallel distribution in the case of ETM-restricted material. Although
the GNU FDL has been mentioned with regard to prohibiting ETMs, it also
appears to be the case where the GNU GPL (both versions 2 and 3) prohibit
applying additional restrictions to copies of works (whether source or binary
code) that are distributed to others and this has been held to disallow the
distribution of GPL-licensed works via certain distribution channels where
ETMs are applied.

More details are at:
https://www.fsf.org/blogs/licensing/more-about-the-app-store-gpl-enforcement
http://adium.im/pipermail/devel_adium.im/2011-January/007973.html

On the issue of whether one or more GPL versions can be treated as compatible
licenses for the CC ShareAlike licenses, the aspect of the GPL prohibiting
additional restrictions (and likely ETMs) may increase the likelihood of
compatibility. Aside from giving advantages to ETM-free platforms, an issue
that has been mentioned before is when a platform incorporates ETMs and a
specific party determines what can be distributed on the platform. In such a
case, it has been mentioned that allowing ETMs plus parallel distribution
would give an advantage to the party that controls the platform; at the same
time, completely prohibiting ETMs would avoid this.

See:
http://www.freesoftwaremagazine.com/articles/debian_and_the_creative_commons

--Richard



  • [cc-licenses] CC ShareAlike compatibility regarding ETMs (issue #2), mezzanine, 05/10/2014

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