parallel distribution, closed technologies and freedom

Dear Benjamin,

I don't think it makes sense to ask people for comments on
your wiki if 
you don't plan to respond to them and prefer to talk on the
mailing 
list. So I'm reposting my comment here:

I have a rather "theoretical" comment regarding
your position paper. You 
write:

"PlayStations <http://wiki.mako
.cc/PlayStations>, like cell phones and 
many other consumer technologies, are inherently and
intentionally [...] 
less empowering than other technologies. It is silly to
consider banning 
the distribution of CC-licensed works to devices that are
unable to take 
full advantage of the freedoms to modify and redistribute
under CC 
licenses"

I find this confusing in light of your freedom-based
critique of some of 
the CC licenses. It seems that while you are against legal
limitations 
to user freedom, you support technical limitiations to user
freedom. 
Shouldn't a freedom-based position be critical also of
technologies that 
make content un-free? We can hypothetically imagine a legal
document, 
heck even a moral principle that is against the use of
technologies such 
as cell phones when a fully empowering technology like the
internet 
exists? - the way you find use of licenses with the ND
argument, for 
instance, unsatisfactory since pure BY / BY-SA licenses
exist...

best,

Alek Tarkowski



-- 
koordynator / Public Lead
Creative Commons Polska / Poland

(+48) 889 660 444
http://creativecommons.pl
skype:alektarkowski

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<quote who="Alek Tarkowski" date="Mon, Dec
04, 2006 at 11:56:05AM +0100">
> I don't think it makes sense to ask people for comments
on your wiki
> if you don't plan to respond to them and prefer to talk
on the
> mailing list. So I'm reposting my comment here:

I have responded to several other comments on that wiki
page. I
thought my response to another comment had also answered
your
question. I apologize if you feel that it did not.
> 
> I have a rather "theoretical" comment
regarding your position
> paper. You write:
> 
> "PlayStations <http://wiki.mako
.cc/PlayStations>, like cell phones
> and many other consumer technologies, are inherently
and
> intentionally [...]  less empowering than other
technologies. It is
> silly to consider banning the distribution of
CC-licensed works to
> devices that are unable to take full advantage of the
freedoms to
> modify and redistribute under CC licenses"
> 
> I find this confusing in light of your freedom-based
critique of
> some of the CC licenses. It seems that while you are
against legal
> limitations to user freedom, you support technical
limitiations to
> user freedom.

I don't *support* technological limitations. In fact, you
can see
that I've spent a lot of time working on projects like OLPC
specifically because I think they help address important
imbalances
in access to more flexible and empowering information
technologies:

  http://mako.cc/copyrighteous/freesoftware/20051215-00

> Shouldn't a freedom-based position be critical also of
technologies
> that make content un-free?

In fact, I am extremely critical of technologies that make
content
non-free. I have been at least as active in opposing DRM as
any of the
opponents of parallel distribution through Defective by
Design,
through iRony, a RockBox installer I wrote, and through
organized
anti-DRM install parties.  It's unfair to conflate advocacy
of
parallel distribution with support for DRM. I will support
DRM only in
situations where users have a non-DRMed version and where I
feel that
the important negative effects of DRM are totally mitigated.

I think that the benefits and freedoms that parallel
distribution
gives users (e.g., the ability to copy, redistribute, remix
the
parallel copy on any non-DRM platform) outweighs the
benefits to the
institution of DRM introduced by the ability of the same
work play on
a device like a PlayStation. Others have disagreed with me.

Regards,
Mako

-- 
Benjamin Mako Hill
makoatdot.cc
http://mako.cc/

Creativity can be a social contribution, but only in so
far as society is free to use the results. --RMS
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On Monday 04 December 2006 02:27 pm, Benj. Mako Hill wrote:
> <quote who="Alek Tarkowski"
date="Mon, Dec 04, 2006 at 11:56:05AM +0100">
>
> > I don't think it makes sense to ask people for
comments on your wiki
> > if you don't plan to respond to them and prefer to
talk on the
> > mailing list. So I'm reposting my comment here:
>
> I have responded to several other comments on that wiki
page. I
> thought my response to another comment had also
answered your
> question. I apologize if you feel that it did not.
>
> > I have a rather "theoretical" comment
regarding your position
> > paper. You write:
> >
> > "PlayStations <http://wiki.mako
.cc/PlayStations>, like cell phones
> > and many other consumer technologies, are
inherently and
> > intentionally [...]  less empowering than other
technologies. It is
> > silly to consider banning the distribution of
CC-licensed works to
> > devices that are unable to take full advantage of
the freedoms to
> > modify and redistribute under CC licenses"
> >
> > I find this confusing in light of your
freedom-based critique of
> > some of the CC licenses. It seems that while you
are against legal
> > limitations to user freedom, you support technical
limitiations to
> > user freedom.
>
> I don't *support* technological limitations. In fact,
you can see
> that I've spent a lot of time working on projects like
OLPC
> specifically because I think they help address
important imbalances
> in access to more flexible and empowering information
technologies:
>
>   http://mako.cc/copyrighteous/freesoftware/20051215-00
>
> > Shouldn't a freedom-based position be critical
also of technologies
> > that make content un-free?
>
> In fact, I am extremely critical of technologies that
make content
> non-free. I have been at least as active in opposing
DRM as any of the
> opponents of parallel distribution through Defective by
Design,
> through iRony, a RockBox installer I wrote, and through
organized
> anti-DRM install parties.  It's unfair to conflate
advocacy of
> parallel distribution with support for DRM. I will
support DRM only in
> situations where users have a non-DRMed version and
where I feel that
> the important negative effects of DRM are totally
mitigated.
>
> I think that the benefits and freedoms that parallel
distribution
> gives users (e.g., the ability to copy, redistribute,
remix the
> parallel copy on any non-DRM platform) outweighs the
benefits to the
> institution of DRM introduced by the ability of the
same work play on
> a device like a PlayStation. Others have disagreed with
me.

OK, can we have a recap by all sides?

I think this has been asked for before by more than one
person.

What devices exist at the present moment that can play DRM
content and cannot 
play non-DRM content? Does anyone know of any?

I will ask more questions when we have this list.

>
> Regards,
> Mako

all the best,

drew
-- 
(da idea man)
National Novel Writing Month
Sayings (Winner 2006)
http://www.ourmed
ia.org/node/262954
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