Changeset - e52a3d32dc52
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Mike Linksvayer (mlinksva) - 10 years ago 2014-11-16 15:37:45
ml@gondwanaland.com
relate sections -> related sections
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gpl-lgpl.tex
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@@ -2912,33 +2912,33 @@ sufficient to protect the software freedom against the threat of invasive
 
para-copyright.
 

	
 
The compromises made were ultimately quite reasonable.  The primary one is
 
embodied in GPLv3\S6's ``User Product'' definition (see \S~\ref{user-product}
 
in this tutorial for details).  Additionally, some readers of early GPLv3
 
drafts seem to have assumed GPLv3 contained a blanket prohibition on DRM; but
 
it does not.  In fact, no part of GPLv3 forbids DRM regarding non-GPL'd
 
works; rather, GPLv3 forbids the use of DRM specifically to lock-down
 
restrictions on users' ability to install modified versions of the GPL'd
 
software itself, but again, \textit{only} with regard to User Products.
 

	
 
\section{GPLv3~\S3: What Hath DMCA Wrought}
 
\label{GPLv3s3}
 

	
 
As discussed in \S~\ref{software-and-non-copyright} of this tutorial,
 
\href{http://www.law.cornell.edu/uscode/text/17/1201}{17 USC~\S1201} and
 
relate sections\footnote{These sections of the USC are often referred to as
 
related sections\footnote{These sections of the USC are often referred to as
 
  the ``Digital Millennium Copyright Act'', or ``DMCA'', as that was the name
 
  of the bill that so-modified these sections of the USC\@.} prohibits users
 
from circumventing technological measures that implement DRM\@.  Since this
 
is part of copyright law and the GPL is primarily a copyright license, and
 
since what the DMCA calls ``circumvention'' is simply ``modifying the
 
software'' under the GPL, GPLv3 must disclaim that such anti-circumvention
 
provisions are not applicable to the GPLv3'd software.  GPLv3\S3 shields
 
users from being subjected to liability under anti-circumvention law for
 
exercising their rights under the GPL, so far as the GPL can do so.
 

	
 
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
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