> From: Philip Merrill
> But we can boast Lessig -- that counts for something, I guess.

Hmmm. I'm having my doubts about Lessig. I would have suggested Stallman if
I were you.

I recently posted the following comment to Rob Myer's blog:
http://www.robmyers.org/weblog/2006/08/23/debian-drm-and-misunderstanding-fr
eedom/

On a tangential note, I'm worrying about the essential similarity of
Creative Commons and DRM, and that by induction, if Creative Commons is a
legal tool to provide artists with a facility to fine tune the freedoms they
would permit their audience, DRM must also be good in providing a technical
tool to do the same.

CC (like the GPL to some extent) almost demonstrates the case for the
default curtailment of cultural freedom precisely in order that the
originating artist (being its legitimate guardian) can determine if or when
liberties may be taken with it, and moreover to have precision over which
are granted and to what extent.

Utter bunkum of course.

CC should be about encouraging the artist to 'let go', and perhaps to at
least let go in part rather than in whole as the GPL would abjure.

This letting go 'in part' is in extreme danger of demonstrating the moral
rectitude that it is the artist who should have the rightful entitlement to
absolute veto, and the philanthropic opportunity to demonstrate their
beneficience when the occasion or whim suits them.

So, why not, by inference conclude that DRM too, should be enjoyed by all
artists, that they may then possess even finer control over the liberties
they can permit?

"Whereas before I would have permitted no more than a single private copy of
my performance, I now permit five private copies. Truly, the expression of
my generosity is greatly enabled by the technological advance that DRM has
provided".

CC is flawed in that it consolidates the perception that the artist should
be able to control the use of their art.

At least the GPL strives to preserve all freedoms (unreservedly relinquished
by the author), and not simply provide a set of tick-boxed permissions for
proprietary authors to consider granting, e.g. unlimited backup copies,
non-commercial use, etc.

CC consolidates copyright.

It is as if the IP maximalists said to a great lawyer "How can we get the
masses to respect our copyrights?", and he replied "Simple: encourage the
masses to embrace copyright themselves, in everything they do. If everyone
believes in it, it becomes more powerful. They will then perceive their use
of manacles upon their culture as enfranchising, as their own emancipation."

If the people are their own publishers, let them think copyright is their
privilege too.

It's the classic pyramid selling scam - let the masses at the bottom think
that, simply by observing the same rules, they can join those few at the
top. 

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