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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.
It's time to sue Microsoft for contibutory and vicarious infringement for doing this. Use the Grokster case as precedent. It's time the pro-DRM side got a taste of their own legal medicine.
The FAQ on the article basically does not allow a person to distribute a creative commons work that has been modified with DRM. Microsoft is doing no such thing. While their software will DRM-ify the song, it is the end user who is using the Zune as the mechanism of distribution. Clearly the works are available without the DRM, as the original user got the song in the first place. This seems to me to be an issue of a transport layer. If you know Microsoft will always DRM, and you try to use this mechanism to distribute CC'd licensed works, then perhaps you are the one who is in violation of the license.
Rhymes that keep their secrets will unfold behind the clouds.There upon the rainbow is the answer to a neverending story
The RIAA is not a law enforcement group, hell they're not even part of the government. They can't send you to jail. They can call the Feebs on you or take you to court seeking damages. That's it.
The **AAs love how people think that they're law enforcement. They encourage people to think that by wearing those stupid "FBI" knockoff "**AA" windbreakers.
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