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Re: Anti-DMCA clause (was Re: GPL v3 Draft

On 1/20/06, Glenn Maynard <glenn@zewt.org> wrote:
> There seems to be some rift between the law and reality, though.  If the
> law is taken literally, it's a no-op: it forbids writing software that
> can't be written (if you write software for an effective protection
> scheme, then, well, it's not effective).  If the law is being enforced
> anyway (which it is, of course), then it's being interpreted to mean
> something a little different--where "effective" means something other
> than what it does in English.  In that case, anti-DRM clauses, and
> evaluations of their potential effectiveness, need to be done while
> under the influence of the courts' private version of the language.

What about a clause which says 'designed to be' rather than
'effective'? Because GnuPG is an effective TPM, but it is designed as
a personal privacy program rather than a copyright enforcement


Andrew Donnellan
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