Re: Results for Debian's Position on the GFDL

[Michael Poole <mdpoole@troilus.org>]

Adam McKenna writes:

> Since I've explained twice now that the use of "and" or "or" in that sentence
> does not matter, and why, I'm going to assume you are deliberately
> misrepresenting my position in order to try to incense me.  Also, I said that
> your interpretation is insane, not that you were personally insane.

Since MJ and I have explained at least twice now that the use of "or"
versus "and" in that sentence does matter, and why, I'm going to
assume you are deliberately ignoring statutory law and license
construction in order to try to incense us.

MJ quoted the EUCD's definition of "technological measure" and you
have not explained why you think that should be ignored.
Alternatively take 17 USC 1201(b)(2)(B):

    a technological measure "effectively protects a right of a
    copyright owner under this title" if the measure, in the ordinary
    course of its operation, prevents, restricts, or otherwise limits
    the exercise of a right of a copyright owner under this title.

This definition reasonably includes things like file permissions,
since -- like the EUCD definition -- that is their primary function,
but does not reasonably include things that limit physical access.

(17 USC 1201(a) uses a different definition for the different term
"effectively controls access to a work", but since the FDL is talking
about technical measures that limit the exercise of some right of a
copyright owner, I think the definition above is the appropriate one
to consider.)

Michael Poole