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CC and DRM: A Brief Guide To A Non-Issue

How to Use CC-Licensed Work On “DRM” Devices
DVD – View on non-CSS DVD.
iPod – Install unencumbered file using iTunes. No DRM is added.
PSP – Add to memory stick then play or view normally.
PS2 – Play from CD or DVD.
PS3 – Boot in Linux and play or view.
Wii – Use unprotected media.

Devices From The Above List You Can Install GNU/Linux On

All except non-CSS DVD, which can be played by GNU/Linux, PS3, which allegedly come with GNU/Linux pre-installed, and Wii, which has not been released yet but has a GNU/Linux port in progress.

DRM For Artists And Consumers

None of the devices we have discussed need DRM permission to use CC-licensed cultural works. All can run a free operating system. Artists and consumers can use CC-licensed media on these devices without hitting the TPM restrictions.

DRM For Game Developers

Software developers for these platforms cannot allow their work that uses CC-licensed materials to be DRM-encumbered by the hardware platform vendor. Since this is a classic case of making work proprietary, using more modern copyright law than that which existed when the FSD or DFSG were drafted, this is no worse than copyleft. And given that all listed devices can run GNU/Linux, developers have the option to target this Free operating system instead.

In Conclusion

All the systems that have been mentioned during discussion of the CC-3 licence drafts as case studies for CC licences conflicting with DRM do not need DRM for media, and can run Free Software that doesn’t need DRM to use CC-licensed media in games.