Reworked section describing how the DRM issue and the like relates.
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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -2606,50 +2606,36 @@ serious civil or even criminal penalties to escape from these restrictions
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purpose in doing so is to restore the users' legal rights that the technology
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purpose in doing so is to restore the users' legal rights that the technology
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wrongfully prevents them from exercising.
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wrongfully prevents them from exercising.
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% FIXME: Remove FSF specific parts
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As a digital rights organization, we would not be following our mission if we
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did not oppose these injustices. But the reason our license must respond to
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these practices at all is the result of a remarkable irony. Those who wish to
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impose DRM on the public would like to do so by using software covered by the
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GPL, a license that is intended to preserve the very freedom that they seek
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to crush. They are not satisfied merely with publishing programs having
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limited capability, which free software permits. They seek to go further, to
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prevent the user from removing those limits, turning Freedom 1, the freedom
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to modify, into a sham.
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GPLv2 did not address the use of technical measures to take back the rights
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GPLv2 did not address the use of technical measures to take back the rights
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that the GPL granted, because such measures did not exist in 1991, and would
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that the GPL granted, because such measures did not exist in 1991, and would
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have been irrelevant to the forms in which software was then delivered to
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have been irrelevant to the forms in which software was then delivered to
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users. But GPLv3 must address these issues: free software is ever more
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users. GPLv3 addresses these issues, particularly because copylefted
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widely embedded in devices that impose technical limitations on the user's
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software is ever more widely embedded in devices that impose technical
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freedom to change it.
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limitations on the user's freedom to change it.
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These unjust measures must not be confused with legitimate applications that
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However, FSF always made a clear distinction to avoid conflating these
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give users control, as by enabling them to choose higher levels of system or
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``lock-down'' measures with legitimate applications that give users control,
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data security within their networks, or by allowing them to protect the
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as by enabling them to choose higher levels of system or data security within
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security of their communications using keys they can generate or copy to
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their networks, or by allowing them to protect the security of their
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other devices for sending or receiving messages. These technologies present
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communications using keys they can generate or copy to other devices for
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no obstacles to the freedom of free software. The user is presented with
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sending or receiving messages. Such technologies present no obstacles to
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choices, and figuratively as well as literally retains all the keys to the
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software freedom and the goals of copyleft.
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digital home.
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By contrast, technical restrictions that allow other parties to control the
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The public GPLv3 drafting process sought to balance these positions of
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user have no legitimate social purpose. In existing applications where the
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copyleft advocates with various desperate views of the larger
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user is not afforded the same degree of real power to modify the free
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Free-Software-using community. Ultimately, FSF compromised to the GPLv3\S3
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software in his system that vendors or distributors have retained, or have
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and GPLv3\S6 provisions that, taken together, are a minimalist set of terms
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conveyed to third parties, the software has been delivered in a fashion that
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sufficient to protect the software freedom against the threat of invasive
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violates the spirit of the GPL, regardless of whether it complies with the
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para-copyright.
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letter of the license. The freedoms the GPL grants have actually been
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withdrawn by technical means. It may even be a crime for the user to modify
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that free software to escape from those restrictions and regain control over
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what is still, at least nominally, his own system.
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% FIXME: reference \S6 and \S3 stuff.
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The compromises made were ultimately quite reasonable. The primary one is
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embodied in GPLv3\S6's ``User Product'' definition (see \S~\ref{user-product}
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We believe that these provisions, taken together, are a minimalist set of
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in this tutorial for details). Additionally, some readers of early GPLv3
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terms sufficient to protect the free software community against the threat of
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drafts seem to have assumed GPLv3 contained a blanket prohibition on DRM; but
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invasive para-copyright.
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it does not. In fact, no part of GPLv3 forbids DRM regarding non-GPL'd
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works; rather, GPLv3 forbids the use of DRM specifically to lock-down
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restrictions on users' ability to install modified versions of the GPL'd
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software itself, but again, \textit{only} with regard to User Products.
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Large enterprise users of free software often contract with non-employee
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Large enterprise users of free software often contract with non-employee
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developers, often working offsite, to make modifications intended for
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developers, often working offsite, to make modifications intended for
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@ -2721,8 +2707,7 @@ software.
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This section shields users from being subjected to liability under
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This section shields users from being subjected to liability under
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anti-circumvention law for exercising their rights under the GPL, so far as
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anti-circumvention law for exercising their rights under the GPL, so far as
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the GPL can do so. Some readers seem to have assumed that this provision
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the GPL can do so.
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contains a prohibition on DRM; it does not (no part of GPLv3 forbids DRM).
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\section{GPLv3~\S4: Verbatim Copying}
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\section{GPLv3~\S4: Verbatim Copying}
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