From 08c38c104d3166deb707ac5f86a3f89f7d1bdf0b Mon Sep 17 00:00:00 2001 From: "Bradley M. Kuhn" Date: Thu, 20 Mar 2014 09:41:54 -0400 Subject: [PATCH] =?UTF-8?q?Rewrite=20material=20describing=20GPLv3=C2=A73?= =?UTF-8?q?=20into=20tutorial=20text.?= MIME-Version: 1.0 Content-Type: text/plain; charset=UTF-8 Content-Transfer-Encoding: 8bit --- gpl-lgpl.tex | 53 +++++++++++++++++++++------------------------------- 1 file changed, 21 insertions(+), 32 deletions(-) diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 36cc4b3..2cf8629 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -2661,39 +2661,28 @@ since what the DMCA calls ``circumvention'' is simply ``modifying the software'' under the GPL, GPLv3 must disclaim such anti-circumvention provisions are not applicable to the GPLv3'd software. -In the first -paragraph we have replaced the reference to the Digital Millennium Copyright -Act, a United States statute, with a corresponding international legal -reference to anticircumvention laws enacted pursuant to the 1996 WIPO treaty -and any similar laws. Lawyers outside the United States have worried that a -United States statutory reference could be read as indicating a choice for -application of United States law to the license as a whole, which of course -was not our intention. Further research has caused us to doubt the view that -only one or the other paragraph of section 3 will typically be effective in a -country that has enacted an anticircumvention law. Moreover, we believe that -several national anticircumvention laws have been or will be structured more -similarly to the anticircumvention provisions of the Digital Millennium -Copyright Act than to the counterpart provisions of the European Union -Copyright Directive. +First, GPLv3\S3\P1 declares that no GPL'd program is part of an effective +technological protection measure, regardless of what the program does. Early +drafts of GPLv3\S3\P1 referred directly to the DMCA, but the final version +instead includes instead an international legal reference to +anticircumvention laws enacted pursuant to the 1996 WIPO treaty and any +similar laws. Lawyers outside the USA worried that a USA statutory reference +could be read as indicating a choice for application of USA law to the +license as a whole. While the FSF did not necessarily agree with that view, +the FSF decided anyway to refer to the WIPO treaty rather than DMCA, since +several national anticircumvention laws were (or will likely be) structured +more similarly to the anticircumvention provisions of the DMCA in their +implementation of WIPO\@. Furthermore, the addition of ``or similar laws'' +provides an appropriate catch-all. -The second paragraph of section 3 declares that no GPL'd program is part of -an effective technological protection measure, regardless of what the program -does. Ill-advised legislation in the United States and other countries has -prohibited circumvention of such technological measures. If a covered work is -distributed as part of a system for generating or accessing certain data, the -effect of this paragraph is to prevent someone from claiming that some other -GPL'd program that accesses the same data is an illegal circumvention. - -we now state more precisely that a conveying party waives the power to forbid -circumvention of technological measures only to the extent that such -circumvention is accomplished through the exercise of GPL rights in the -conveyed work. We have made two changes in the disclaimer of intention -regarding limitations on the design and use of the work. First, we make clear -that the referenced ``legal rights'' are specifically rights arising under -anticircumvention law. Second, we now refer to the conveying party's rights -in addition to third party rights, as in some cases the conveying party will -also be the party legally empowered to enforce or invoke rights arising under -anticircumvention law. +Furthermore, GPLv3\S3\P2 states precisely that a conveying party waives the +power to forbid circumvention of technological measures only to the extent +that such circumvention is accomplished through the exercise of GPL rights in +the conveyed work. GPLv3\S3\P2 makes clear that the referenced ``legal +rights'' are specifically rights arising under anticircumvention law. and +refers to both the conveying party's rights and to third party rights, as in +some cases the conveying party will also be the party legally empowered to +enforce or invoke rights arising under anticircumvention law. % FIXME: this needs rewritten