From 08c38c104d3166deb707ac5f86a3f89f7d1bdf0b Mon Sep 17 00:00:00 2001
From: "Bradley M. Kuhn" <bkuhn@ebb.org>
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.?=
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---
 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