[copyleft-next] Deletion of first part of anti-anti-circumvention provision (was Re: Update 2012-08-02)

Mike Linksvayer ml at gondwanaland.com
Sat Aug 4 05:39:42 UTC 2012


On Fri, Aug 3, 2012 at 8:49 PM, Richard Fontana <fontana at sharpeleven.org> wrote:
> On 08/03/2012 10:47 PM, Mike Linksvayer wrote:
>> But it does not prevent anyone from
>> implementing any system they can imagine. I thought
>> https://www.gnu.org/licenses/gpl-faq.html#DRMProhibited expressed this
>> very nicely. Is that answer wrong?
>
> The first sentence is certainly correct. I would say the second
> sentence is 'hopeful'. The basic problem with this provision is (a)
> anti-circumvention law will be invoked not by the GPLv3 licensor,
> typically, but by some downstream licensee or third party or public
> authority, and (b) unfortunately you can't necessarily cause something
> to fall outside the scope of anti-circumvention law merely by saying,
> in a license applicable to the technology in question (a license which
> actually *allows* creation of technical protection measures) "covered
> works are not deemed effective technological protection measures".
> That's why I say it's inherently weak. The statute in question doesn't
> say, e.g., "in determining whether a protection measure is
> 'effective', declarations to the contrary in a copyright license shall
> be dispositive".

Ok, I think your deletion of the first provision and above explanation
(I've had similar told to me before, but didn't click) increased my
understanding: the first provision attempted to undefine something
there's little reason to think license (I note there's no You) has
power to undefine, while second provision is retained because it
specifically concerns whatever legal power licensee might have to
forbid circumvention; they can waive such power (but one might still
question how pertinent that power is; you must think it is pertinent
or would've removed the whole section).

Thanks (and I hope to be corrected if I'm still not understanding correctly).

Mike


More information about the copyleft-next mailing list