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

I wrote:
> Accordingly, no program licensed under this License is a
> technological measure which effectively controls access to any
> work."

Walter Landry wrote:
>Again, writing this sentence into the license doesn't make it true.

Well, no, but I think it is in fact true.

>It is decided by external factors, such as whether the people
>implementing the scheme know how to do decent crypto.

No; if I wrote this correctly, it is true.  According to the legal definitions
which I was using, it "effectively controls access" if it requires the
application of information (etc.) with *copyright holder authority* in order
to access.  This is impossible because there is no mechanistic way to test
whether the information is being provided with copyright holder authority or
without it.  No program can actually require copyright holder authority;
it's unimplementable.

Nathanael Nerode  <neroden@twcny.rr.com>

"It's just a goddamned piece of paper."
-- President Bush, referring to the US Constitution

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