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



On Wed, 25 Jan 2006 08:44:21 -0800 Josh Triplett wrote:

> This does raise another interesting point: there are laws in some
> jurisdictions which mandate the use of certain measures to protect
> privacy in certain situations, such as patient medical records.  It
> would be problematic if this clause was taken as a legal definition in
> those cases as well, preventing the use of GPLed software for that
> purpose.

Indeed, this clause could really backfire...

> Thus, the above indication of scope might actually be
> necessary, with a sufficiently narrow description of DMCA-like laws.

I don't know if it's at all possible to say something like:

 "for the purposes of law $NASTY_LAW this is not a $THING,
  but for the purposes of $PRETTY_GOOD_LAW this can indeed be a $THING"

Well, maybe you can say it, but it won't necessarily hold...

This clause looks more and more problematic, each time we review it. 
:-(
Wouldn't it better to not have it at all?

-- 
    :-(   This Universe is buggy! Where's the Creator's BTS?   ;-)
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  Francesco Poli                             GnuPG Key ID = DD6DFCF4
 Key fingerprint = C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4

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