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Re: CC Non-waivable Compulsory License Scheme



On Sat, 15 Sep 2007 23:13:40 +0200 Olive wrote:

> ajdlinux@gmail.com wrote:
[...]
> > There are issues with certain devices (e.g. game consoles, some
> > media players) that will only play files in their proprietary
> > DRM-encumbered format. So, parallel distribution would give
> > recipients one copy they could play on their DRM-using player, and
> > one copy they could edit on a PC.
> > 
> 
> Ah I understand. But I remember Stallman speaking of tivoisation 
> (because apparently tivo do that) and saying that GPLv3 was crafted to
> forbid that ( see http://en.wikipedia.org/wiki/Tivoization ). So it 
> seems that this is forbidden by the GPLv3 as well.
[...]

Tivoization is a different issue: it's taking a free program and
embedding it in a device that refuses to work properly if any modified
version of the program is loaded onto it.
The way the GNU GPL v3 addresses this issue meets the DFSG.


The parallel distribution permission would instead address the case of a
device that can only read data (e.g. audio) in a DRM-encumbered format. 
If anyone can take the unencumbered form (that's distributed in
parallel), modify it and convert the modified version to the
DRM-encumbered format in order to load it on the device, no freedom is
denied to the recipient.
Nonetheless, this scenario is forbidden by the CC anti-TPM clause.

> But I still fail to see how does it violate the DFSG? I find it 
> completely with the spirit of copyleft to ensure that anyone having 
> received the software is able to modify the copy he owns.

Parallel distribution does not deny anyone the possibility to modify the
received work.
It just allows for a scenario that harms no one, but is forbidden by the
CC anti-TPM clause.


Same disclaimers as always: IANAL, TINLA, IANADD, TINASOTODP.

-- 
 http://frx.netsons.org/doc/nanodocs/testing_workstation_install.html
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..................................................... Francesco Poli .
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