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Re: transformations of "source code"



On Sat, 2003-03-08 at 15:25, Branden Robinson wrote:
> On Fri, Mar 07, 2003 at 04:59:50PM -0500, David Turner wrote:
> > On Fri, 2003-03-07 at 13:11, Brian T. Sniffen wrote:
> > > Unfortunately, in the age of the DMCA that isn't quite enough.  Since
> > > the GPL has few restrictions on functional modification, it's not much
> > > of an issue there.  A document license has a broader problem: the
> > > "first person to crack it open" would be violating the DMCA to do so.
> > 
> > Would this text fix the problem?
> > 
> > 6.6. Each time you distribute the Program (or any work based on the
> > Program), you grant to the recipient and all third parties that
>                                                              ^^^^
> > receive copies indirectly through the recipient the authority to gain
>   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > access to the work by descrambling a scrambled work, decrypting an
> > encrypted work, or otherwise avoiding, bypassing, removing,
> > deactivating, or impairing a technological measure effectively
> > controlling access to a work.
> 
> Strike the indicated text.  It shouldn't be possible to "steal" the
> source code of Free Software.  

I don't understand this.

> Access control is entirely the
> responsibility of the distributor, and he fails to perform that function
> diligently, he should not have standing under the terms of a Free
> Software license to sue random third parties for having "gained
> unathorized access" to the work.

Er, I think the idea is that if I give you a CSS'd DVD of my Free
Software movie, and you give a copy to your friend, who then uses DeCSS
on it, I've granted him or her permission to do that.

> Any breach of a distributor's access control that is truly reprehensible
> will surely be punishable under statutes unrelated to copyright.
> 
> I feel pretty strongly about this, by the way.  :)

Huh?  Now I'm more confused than ever.

-- 
-Dave Turner                     Stalk Me: 617 441 0668

"On matters of style, swim with the current, on matters 
of principle, stand like a rock." -Thomas Jefferson



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