Changeset - 4b25ade52060
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Mike Linksvayer (mlinksva) - 9 years ago 2014-11-16 15:37:45
ml@gondwanaland.com
two "Furthermore..." sentences in a row
1 file changed with 1 insertions and 1 deletions:
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gpl-lgpl.tex
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@@ -2941,25 +2941,25 @@ 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.
 

	
 
Furthermore, GPLv3\S3\P2 states precisely that a conveying party waives the
 
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.
 

	
 
These disclaimers by each licensor of any intention to use GPL'd software to
 
stringently control access to other copyrighted works should effectively
 
prevent any private or public parties from invoking DMCA-like laws against
 
users who escape technical restriction measures implemented by GPL'd
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