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Re: Anti-TPM clauses

Ben Finney wrote:
Freek Dijkstra <debian2007@macfreek.nl> writes:

Relevant part, in article 4a of

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 License.
There seem to be consensus that as long as there is no vote on it
(similar to 2006_001),

Note that votes like 2006-001 can only change what the Debian project
will or will not do. Voting can't retroactively make a given set of
license terms on a work free or non-free, any more than voting can
change the value of pi.

it's probably non-free, and best not put it in main. Correct?

That's my understanding, yes. Largely on the basis that it's imposing
a non-free restriction ("You may not ...") on the recipient.

Could you please tell more. The very purpose of copyleft is to forbid to prevent someone distributing a covered work by forbidding the recipient to exercise his "right". This clause tell nothing more and if you think that it is not free, shall you say that any copyleft license is non free?

Even in GPLv2 there is this term (par 6):

"You may not impose any further restrictions on the recipients' exercise of the rights granted herein"

It seems that the restriction in the creative common is just a subset of this.

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.

The main difference is that there's no "you may not" or "you must".

It is instead a declaration: the licensor, by choosing these license
terms for a work, states explicitly that the work isn't an "effective
technological measure" under copyright law. The intent is that this in
effect prevents certain restrictive laws from applying to recipients
of the work.

I fail to understand the difference. Let's read par 8 of GPLv3:

"You may not propagate or modify a covered work except as expressly provided under this License"

So together with the terms you cite the license indeed says that you may not distribute a covered work with DRM that would prevent to use one's freedom on the work.

What is the correct conclusion:
3. This is clearly totally different. The difference is ....

The difference is: one is a restriction, the other is not.

Some restriction are acceptable; you must tell why this is a non free restriction; not just that it is a restriction.


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