Zune's Viral DRM Will Violate Creative Commons
lopy writes "Medialoper has noted that Zune's highly touted wireless file sharing will infect otherwise unprotected audio files with proprietary DRM. In cases where users are sharing songs covered by any of the Creative Commons licenses, this would be a clear violation of those license. From the CC FAQ: 'If a person uses DRM tools to restrict any of the rights granted in the license, that person violates the license.' It'll be interesting to see how and if the CC community responds." An anonymous reader wrote in mentioning a post to the Crave blog, relatedly exploring how the Zune stacks up to the iPod.
The original source quoted is Forbes Magazine's article with direct quotes from Microsoft spokespersons, however, in reading that article it seems to me to imply that only a subset of songs bought from MS's version of the ITunes store will be available for sharing and it implies that any other music simply won't be able to be shared at all, including Creative Commons works, although the wording lends itself to ambiguity.
I guess we just need a load of CC-licensed artists to form some kind of Association and pool their resources. I look forward to the first case being filed!
Don't hold your breath. My interpretation of MS's press release is that Creative Commons music will not be shared at all unless they are selling them through MS's online store and authorize it by opting in. Songs you rip yourself will not be sharable. This seems to be purely a marketing feature to advertise songs you bought to others and get them to buy them when they stop playing after 3 days. It will only work for songs bought from MS's store and whose publishers specified it to be sharable/advertising enabled.