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CC's responses to v3draft comments



Hi!
Did anyone read Creative Commons response to comments on CC-v3 draft(s)?

A PDF file was sent to the cc-licenses mailing list and can be found
here:
http://lists.ibiblio.org/pipermail/cc-licenses/2006-September/004027.html


The first comment is quoted below:

| One question that's come from Debian members is whether the anti-TPM
| wording in the 3.0 draft would, as it stands, allow parallel
| distribution.  The draft says:
| 
| /You may not impose any technological measures on the Work that
| restrict the ability of a recipient of the Work from You to exercise
| the rights granted to them under the License./
|
| It could be argued that TPM applied to a Work, distributed with a
| "cleartext" copy or with such a copy available from the licensee, does
| not restrict the ability of the recipient to exercise their rights.

And the response is:

| This argument can certainly be made.  CC does not feel that it, as
| license steward, should opine on the likelihood with which a court in
| any jurisdiction would uphold this argument if the issue were
| litigated.

Hence, it seems that CC refuses to disclose the intended meaning of the
clause...
Is this a dead end?  Have we to wait for a court case before we can
decide if (some) CC-v3 licenses meet the DFSG?!?
This is really frustrating...  :-( 


The last comment is quoted below:

| Finally, please can someone tell us where to find the record of the
| rejections by international affiliates and how the CC decision-making
| works?  I've had a bit of a search of creativecommons.org but haven't
| found details.  I thank the cc-nl lead for explaining his motives
| here, but I'm only guessing about the others.

which seems to be the question raised by MJ Ray in
http://lists.ibiblio.org/pipermail/cc-licenses/2006-August/003950.html

The response is:

| There is no record of the reasons other than the reasons stated in my
| blog post of August 9, 2006
| (http://creativecommons.org/weblog/entry/6017).

Mmmmh, another non-answer?  :-(



-- 
But it is also tradition that times *must* and always
do change, my friend.   -- from _Coming to America_
..................................................... Francesco Poli .
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