Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-02-28 Thread Nathanael Nerode
Florian Weimer wrote: > * Nathanael Nerode: > > >>>I think this is overly broad. What about the following? >>> >>>"You must not add any functionality to programs licensed under this >>>License which may not be removed, by you or any third party, according >>>to applicable law. Such functionalit

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-02-11 Thread Florian Weimer
* Nathanael Nerode: >> I think this is overly broad. What about the following? >> >> "You must not add any functionality to programs licensed under this >> License which may not be removed, by you or any third party, according >> to applicable law. Such functionality includes, but is not limite

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-02-01 Thread Nathanael Nerode
Florian Weimer wrote: > * Nathanael Nerode: > > >>Hrrm. We need a different clause then. >> >>"No program licensed under this License, which accesses a work, shall require >>the authority of the copyright owner for that work, in order to gain access >>to that work. Accordingly, no program lic

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-28 Thread Florian Weimer
* Nathanael Nerode: > Hrrm. We need a different clause then. > > "No program licensed under this License, which accesses a work, shall require > the authority of the copyright owner for that work, in order to gain access > to that work. Accordingly, no program licensed under this License is a

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-25 Thread Francesco Poli
On Wed, 25 Jan 2006 08:44:21 -0800 Josh Triplett wrote: > This does raise another interesting point: there are laws in some > jurisdictions which mandate the use of certain measures to protect > privacy in certain situations, such as patient medical records. It > would be problematic if this clau

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-25 Thread Josh Triplett
Walter Landry wrote: > Nathanael Nerode <[EMAIL PROTECTED]> wrote: > >>Walter Landry <[EMAIL PROTECTED]> wrote: >>>That is the basic problem with these anti-DRM clauses: differentiating >>>between DRM and legitimate privacy controls is basically impossible. >> >>I think it is possible. It require

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-23 Thread Alexander Terekhov
On 1/23/06, Walter Landry <[EMAIL PROTECTED]> wrote: [...] > A legitimate privacy device may function very much like DRM. Consider > classified environments, where you really don't want people to copy > things around willy-nilly. Making it hard to copy information won't > eliminate leaks, but it

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-22 Thread Walter Landry
Nathanael Nerode <[EMAIL PROTECTED]> wrote: > Walter Landry <[EMAIL PROTECTED]> wrote: > >Nathanael Nerode <[EMAIL PROTECTED]> wrote: > >> Hrrm. We need a different clause then. > >> > >> "No program licensed under this License, which accesses a work, > >> shall require the authority of the copyr

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Glenn Maynard
On Fri, Jan 20, 2006 at 10:30:29PM -0500, Jeremy Hankins wrote: > If you want to be charitable, you might say that "effective" here is > being used in the sense of "effectively, it's a security mechanism". > But whether you want to be charitable or not, it's clearly not being > used in a way that r

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Jeremy Hankins
Glenn Maynard <[EMAIL PROTECTED]> writes: > A security mechanism which has been defeated by a piece of software is > not "imperfect". If I post my root password to this list, it is not > an "imperfect but still effective" security mechanism; it is useless > and defeated. But, as you note below,

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Glenn Maynard
On Fri, Jan 20, 2006 at 09:49:09AM -0800, Walter Landry wrote: > I think that "effective" does not mean "perfect". Having a police > force is an effective way of combatting crime, but it is far from > perfect. A security mechanism which has been defeated by a piece of software is not "imperfect".

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Walter Landry
Andrew Donnellan <[EMAIL PROTECTED]> wrote: > On 1/20/06, Glenn Maynard <[EMAIL PROTECTED]> wrote: > > There seems to be some rift between the law and reality, though. If the > > law is taken literally, it's a no-op: it forbids writing software that > > can't be written (if you write software for

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Nathanael Nerode
I wrote: > Accordingly, no program licensed under this License is a > technological measure which effectively controls access to any > work." Walter Landry wrote: >Again, writing this sentence into the license doesn't make it true. Well, no, but I think it is in fact true. >It is decided by exte

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-20 Thread Nathanael Nerode
Walter Landry <[EMAIL PROTECTED]> wrote: >Nathanael Nerode <[EMAIL PROTECTED]> wrote: >> Hrrm. We need a different clause then. >> >> "No program licensed under this License, which accesses a work, >> shall require the authority of the copyright owner for that work, in >> order to gain access to

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Alexander Terekhov
On 1/20/06, Glenn Maynard <[EMAIL PROTECTED]> wrote: [...] > (Unfortunately, I don't speak that language ...) Hey legals, drop this link http://www.m-w.com/cgi-bin/dictionary?va=effectively to poor Maynard. regards, alexander.

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Andrew Donnellan
On 1/20/06, Glenn Maynard <[EMAIL PROTECTED]> wrote: > There seems to be some rift between the law and reality, though. If the > law is taken literally, it's a no-op: it forbids writing software that > can't be written (if you write software for an effective protection > scheme, then, well, it's n

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Glenn Maynard
On Thu, Jan 19, 2006 at 01:58:08PM -0800, Walter Landry wrote: > > Accordingly, no program licensed under this License is a > > technological measure which effectively controls access to any > > work." > > Again, writing this sentence into the license doesn't make it true. > It is decided by exter

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Walter Landry
Nathanael Nerode <[EMAIL PROTECTED]> wrote: > Hrrm. We need a different clause then. > > "No program licensed under this License, which accesses a work, > shall require the authority of the copyright owner for that work, in > order to gain access to that work. This is too broad. If I have a mac

Re: Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Arnoud Engelfriet
Nathanael Nerode wrote: > "No program licensed under this License, which accesses a work, shall require > the authority of the copyright owner for that work, in order to gain access > to that work. I'm not sure how a program _can_ require authority of a copyright holder? Did you mean "The exerci

Anti-DMCA clause (was Re: GPL v3 Draft

2006-01-19 Thread Nathanael Nerode
Arnoud Engelfriet <[EMAIL PROTECTED]> wrote: > I think the DMCA actually speaks about "access to the work" > (17 U.S.C. 1201): > >(2) No person shall manufacture, import, offer to the public, provide, >or otherwise traffic in any technology, product, service, device, >component, or par