On 08/14/2012 11:53 AM, Luis Villa wrote:
On Mon, Aug 13, 2012 at 3:38 PM, Richard Fontana
> I replaced the anti-anti-circumvention provision with a FIXME for the
> time being.
> What's a *real-world* scenario in which the waiver feature of the
> earlier provision would do any good? Assume this license is likely to
> be used primarily for software.
For reference, the last draft of the earlier provision was:
Each Distributor of a Covered Work (i) waives all rights to forbid
circumvention of technological measures achieved by exercising
rights under this License with respect to a Covered Work, and (ii)
disclaims any intention to limit operation or modification of the
Received Work as a means of enforcing such Upstream Distributor's
or third parties' legal rights to forbid circumvention of
Much of the impact depends on what "rights under this License" are -
if there is a strong requirement for installation materials
(particularly keys), then (i) has some bite for embedded/mobile
copyleft-next currently says nothing about 'keys'.
I think there are only two interesting possibilities:
1) Distributor of covered work A sues someone under an
anticircumvention law civil remedy for circumventing a TPM A' that
effectively controls access to its copyrighted work B, where A' is
itself either [something that includes] a Derived Work of A or both
are Derived Works of some common copyleft-next ancestor. Work B is
under some arbitrary license.
2) Distributor of work A', a Derived Work of copyleft-next work A
prepared by the Distributor, sues someone under an anticircumvention
law civil remedy for circumventing a TPM B under some arbitrary
license that effectively controls access to A'.
Maybe I'm missing something (that itself may indicate that there is
some sort of problem here), but if not I am questioning whether cases
like these are likely to arise in the real world -- likely enough to
justify making the license 9 or so lines longer than it has to be.
Particularly given that copyleft-next is GPLv3-compatible.
The effective date of the DMCA version of anticircumvention law was
October 23, 2000.