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Re: GNU FDL 1.2 draft comment summary posted, and RFD



Branden Robinson <branden@debian.org> wrote:
> On Thu, Jun 13, 2002 at 03:20:28PM -0700, Walter Landry wrote:
> > I think I'm recognizing reality here.  You were worried about
> > distributing to schoolkids in Ghana.  I'm showing that it isn't a
> > problem.  You don't have to like it, it is just the way things are.
> 
> I don't want to see the DFCL used as a weapon against people who haven't
> done anything ethically illegitimate.

I'm trying to think of a case where this might happen, but I can't.
Especially since the license makes small scale copying an exception to
a general rule.

> > > I guess what this is drifting towards is that ever-misunderstood
> > > "operating system" clause of the GPL:
> > > 
> > > 	However, as a special exception, the source code distributed
> > > 	need not include anything that is normally distributed (in
> > > 	either source or binary form) with the major components
> > > 	(compiler, kernel, and so on) of the operating system on which
> > > 	the executable runs, unless that component itself accompanies
> > > 	the executable.
> > 
> > How about rewording it to say "operating system or hardware".
> 
> It needs to be worded more broadly even than that.  It's basically
> anything on the chain of technology from distributor to consumer.  The
> information could be transmitted via all kinds of devices, encapsulated
> into all sorts of protocols, carried over all kinds of media, etc.  Any
> one of these could have some sort of crazy intellectual property
> restriction on it that isn't the fault of the distributor or consumer.
> This exception needs to be worded so that it is completely neutral
> regarding the means via which the content is transmitted or transported.
> 
> The tricky bit is that sometimes the distributor *is* at fault in
> constructing the intellectual property restrictions that have been
> imposed on the network technologies.  So we need to prevent the Big
> Media company from taking DFCL-licensed content (like, say, a movie)
> proprietary by putting cripplebits on it and then claiming "oh, we
> didn't do that, our wholly owned cable network operator subsidiary did
> that".  You then go to the subsidiary and they say "oh, *we* didn't have
> anything to do with that, you bought that Pay-per-View movie from our
> parent corporation and they sent it to you by your request.  We're just
> a common carrier."

I think that you're worrying too much here.  In the case you're
talking about, the media giant wouldn't have to produce the
super-ultra-secret hardware that turns on the "no-copy" bit, but they
would have to provide the "preferred form for modifications".  The
public still has free access to the movie.

Regards,
Walter Landry
wlandry@ucsd.edu


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