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Anti-TPM clauses


The anti-TPM (technology protection measure, like DRM) in Creative Commons 3.0 has been extensively discussed on this list.

Relevant part, in article 4a of http://creativecommons.org/licenses/by-sa/3.0/legalcode

You may not impose any effective technological measures on the Work
that restrict the ability of a recipient of the Work from You to
exercise the rights granted to that recipient under the terms of the

There seem to be consensus that as long as there is no vote on it (similar to 2006_001), it's probably non-free, and best not put it in main. Correct?

However, as a total non-lawyer type, I am confused about either the similarity or difference in another well-know anti-TDM clause:

Relevant part, in article 3 of

No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article 11
of the WIPO copyright treaty adopted on 20 December 1996, or similar
laws prohibiting or restricting circumvention of such measures.

Could someone please decypher this legal mumbo-jumbo (I can barely read the CC, but have a harder time reading this text!) and tell me how this is different from the creative commons anti-TPM clause.

What is the correct conclusion:
1. This is the same. Both licenses are non-free
2. This is the same. Both licenses are free
3. This is clearly totally different. The difference is ....

Confusingly yours,
Freek Dijkstra

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