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Rewrite material describing GPLv3§3 into tutorial text.

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Bradley M. Kuhn 2014-03-20 09:41:54 -04:00
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@ -2661,39 +2661,28 @@ since what the DMCA calls ``circumvention'' is simply ``modifying the
software'' under the GPL, GPLv3 must disclaim such anti-circumvention software'' under the GPL, GPLv3 must disclaim such anti-circumvention
provisions are not applicable to the GPLv3'd software. provisions are not applicable to the GPLv3'd software.
In the first First, GPLv3\S3\P1 declares that no GPL'd program is part of an effective
paragraph we have replaced the reference to the Digital Millennium Copyright technological protection measure, regardless of what the program does. Early
Act, a United States statute, with a corresponding international legal drafts of GPLv3\S3\P1 referred directly to the DMCA, but the final version
reference to anticircumvention laws enacted pursuant to the 1996 WIPO treaty instead includes instead an international legal reference to
and any similar laws. Lawyers outside the United States have worried that a anticircumvention laws enacted pursuant to the 1996 WIPO treaty and any
United States statutory reference could be read as indicating a choice for similar laws. Lawyers outside the USA worried that a USA statutory reference
application of United States law to the license as a whole, which of course could be read as indicating a choice for application of USA law to the
was not our intention. Further research has caused us to doubt the view that license as a whole. While the FSF did not necessarily agree with that view,
only one or the other paragraph of section 3 will typically be effective in a the FSF decided anyway to refer to the WIPO treaty rather than DMCA, since
country that has enacted an anticircumvention law. Moreover, we believe that several national anticircumvention laws were (or will likely be) structured
several national anticircumvention laws have been or will be structured more more similarly to the anticircumvention provisions of the DMCA in their
similarly to the anticircumvention provisions of the Digital Millennium implementation of WIPO\@. Furthermore, the addition of ``or similar laws''
Copyright Act than to the counterpart provisions of the European Union provides an appropriate catch-all.
Copyright Directive.
The second paragraph of section 3 declares that no GPL'd program is part of Furthermore, GPLv3\S3\P2 states precisely that a conveying party waives the
an effective technological protection measure, regardless of what the program power to forbid circumvention of technological measures only to the extent
does. Ill-advised legislation in the United States and other countries has that such circumvention is accomplished through the exercise of GPL rights in
prohibited circumvention of such technological measures. If a covered work is the conveyed work. GPLv3\S3\P2 makes clear that the referenced ``legal
distributed as part of a system for generating or accessing certain data, the rights'' are specifically rights arising under anticircumvention law. and
effect of this paragraph is to prevent someone from claiming that some other refers to both the conveying party's rights and to third party rights, as in
GPL'd program that accesses the same data is an illegal circumvention. some cases the conveying party will also be the party legally empowered to
enforce or invoke rights arising under anticircumvention law.
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.
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