TPM Clause in CC licenses [was Re: New versions of CC licenses]

[Luis Villa <lu...@lu.is>]

About the technological protection measure clause in CC 4.0 (which says:

"You may not impose any effective technological measures on the Work that
restrict the ability of a recipient of the Work from You to exercise the
rights granted to that recipient under the terms of the License."

)

Larry wrote:

On Wed, Dec 4, 2013 at 10:23 AM, Lawrence Rosen <lr...@rosenlaw.com> wrote:

>  I like that provision insofar as it applies to CC-BY components in any
> work. THOSE COMPONENTS are under the CC-BY license, and no proprietary
> vendor should lock THOSE COMPONENTS away under a DRM shield.
>

As a philosophical matter, I agree, but such locking away is permitted by
all the other Category A licenses.


>  This can be handled conveniently by the proprietary vendor posting
> attribution notices of the CC-BY works on its website. [1] Nothing else
> needs to be disclosed!
>

Do you mean to say that the TPM obligation can be met by posting
attribution notices on the website? That is not consistent with the
drafting history of CC 3.0 and (at least early on) 4.0, which explicitly
rejected so-called "parallel distribution"[1] of alternative, unlocked
copies. (The citation you make in the quoted passage refers to linking as
being sufficient for attribution, but makes no reference to the TPM
requirement.)

Luis

[1] http://wiki.mako.cc/ParallelDistribution