Re: creative commons
Terry Hancock <hancock@anansispaceworks.com> wrote:
> MJ Ray wrote:
> > Hardly. CC fans seem to see nothing wrong with discriminating against any
> > field of endeavour, such as commerce or technical protection.
>
> I'm not surprised to see MJ Ray say this, since he has chosen to ignore
> the fallacies in his arguments.
I'm not surprised to see Terry Hancock degenerate this discussion into
personal attacks, as IIRC he wrote a splendidly one-sided report for
Newsforge that ignored rebuttals of the examples used.
> The only "field of endeavour" that CC
> licenses block is the "field of endeavour" of "copying and distributing
> without honoring the license" which ALL copyleft licenses (including the
> GPL) do (indeed all licenses -- free or otherwise -- prevent some form
> of copying and distributing, or they would simply be public domain).
That isn't the problem. If the licences stated that you must or must not
produce certain results, that would be fine. Instead, it states that you
must not use a particular method, which is unacceptable.
Further, it's not clear what the wording means: people have argued
it means everything from "Since all CC licences allow NC copying and
distribution, any DRM that limits copying in any way is a breach" (Rob
Myers, comment on http://mjr.towers.org.uk/blog/2006/cc.html#tpmcc
) to that DRM is permitted: "Landau reassured me that I must be
mistaken and that she had talked about DReaM in depth with CC
leadership, lawyers, and technical advisory board members and she
was sure her system was at least possible." (talk described in
http://mako.cc/copyrighteous/ip/20061115-00.html )
Finally, I note that CC-by was never before described as a copyleft.
> Re-interpreting "copying and distribution" as a form of "use" has NEVER
> been understood to be indicated by the DFSG, despite the efforts of MJR
> and others to force this radicalization of those Guidelines.
I have not attempted to radicalise the DFSG and I cannot force it.
I recently debunked a claim by Marco d'Itri that I had done so. I ended
by asking 'How about the next person to make an irrational claim without
evidence does some research themselves?' Why don't you?
> MJ Ray and some others don't like the particular way in which this
> copyleft is implemented -- because it inconveniences certain kinds of
> distributors, and -- indirectly -- the people they want to distribute
> to. [...]
You are no telepath. Stop telling me why I dislike it.
I dislike it because it is a field-discrimination lawyerbomb. It's not
even clear what it does. Imagine the NC debate magnified, with worse
implications for simple sharing: that's this.
This is a bad way to try to preserve freedom, one pinprick at a time.
If there's a general problem, address it generally if at all possible.
Hope that explains,
--
MJR/slef
My Opinion Only: see http://people.debian.org/~mjr/
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