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SubjectRe: GPL V3 and Linux
On Thu, 2006-01-26 at 22:10 -0500, wrote:
> On Wed, 25 Jan 2006 10:42:24 +0100, Bernd Petrovitsch said:
> > With the exception that I *can* circumvent the protection on PDFs *if*
> > I'm legally allowed to copy the copyrighted work (with or without the
> > owner's permission - this is one reason for a legal copy. But there are
> > others which cannot be inhibited by the copyright holder - which is
> > usually not the artist).
> Actually, in the US, it is in fact illegal to bypass a protection scheme
> *even if the content is something you have legal rights to*.

Well, the so-called "land of the free". SCNR .....

> 17 USC 1201(a)(1)(A) says:
> (A) No person shall circumvent a technological measure that effectively
> controls access to a work protected under this title. The prohibition contained
Actually there is similar wording here (but of course in German) used
for the similar purpose. The problem with this kind of law is IMHO:
-) "effectively controls access": If I (or someone else) can circumvent
it, it is obviously not "effective".
-) If I (and no one else) cannot circumvent it, the laws/court decisions
as such is basically pointless because it doesn't limit or hinder
And we have no definition (in the laws) hereover whatever "effective"
should mean and hoe *I* can determine (which a sufficient large chance
of getting it right) if a given protection scheme must be considered

Don't get me wrong, I understand how it is meant what such rules should
achieve an, but I request from lawyers (as such) that they write
laws/court decisions down in an unambigous way (for a non-law person -
remember that laws affect *all* people so every law and court decision
should IMHO readable and understandable by the average citizen).

And if they can't write it down unambigously, I actually question if we
want to accept laws/court decisions about rules and concepts which
cannot be even written down in a simple enough and clear way.

> Got that? You have to apply for special permission to bypass to get data that
> you have rights to use....

Yes, because that is the primary goal of all of the laws in that area in
last years: To effectively take away legal rights from you that you
actually legally have (or better: had).

Firmix Software GmbH
mobil: +43 664 4416156 fax: +43 1 7890849-55
Embedded Linux Development and Services

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