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Thread: GPLv3 || DRM || Patents

  1. #1
    Leftie Linux Lover the_JinX's Avatar
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    GPLv3 || DRM || Patents

    From the GPLv3 Discussion Draft 1:

    Therse are some of my highlites
    Some countries have adopted laws prohibiting software that enables users
    to escape from Digital Restrictions Management. DRM is fundamentally
    incompatible with the purpose of the GPL, which is to protect users'
    freedom; therefore, the GPL ensures that the software it covers will
    neither be subject to, nor subject other works to, digital restrictions
    from which escape is forbidden.

    Finally, every program is threatened constantly by software patents. We
    wish to avoid the special danger that redistributors of a free program will
    individually obtain patent licenses, in effect making the program
    proprietary. To prevent this, the GPL makes it clear that any patent must
    be licensed for everyone's free use or not licensed at all.
    And in legalese..
    2. Basic Permissions.

    ...

    This License gives unlimited permission to privately modify and run the
    Program, provided you do not bring suit for patent infringement against
    anyone for making, using or distributing their own works based on the
    Program.

    3. Digital Restrictions Management.

    As a free software license, this License intrinsically disfavors
    technical attempts to restrict users' freedom to copy, modify, and share
    copyrighted works. Each of its provisions shall be interpreted in light of
    this specific declaration of the licensor's intent. Regardless of any
    other provision of this License, no permission is given to distribute
    covered works that illegally invade users' privacy, nor for modes of
    distribution that deny users that run covered works the full exercise of
    the legal rights granted by this License.

    No covered work constitutes part of an effective technological protection
    measure: that is to say, distribution of a covered work as part of a system
    to generate or access certain data constitutes general permission at least
    for development, distribution and use, under this License, of other
    software capable of accessing the same data.


    7. License Compatibility.

    ...

    Aside from additional permissions, your terms may add limited kinds of
    additional requirements on your added parts, as follows:

    ...

    e) They may impose software patent retaliation, which means permission
    for use of your added parts terminates or may be terminated, wholly or
    partially, under stated conditions, for users closely related to any
    party that has filed a software patent lawsuit (i.e., a lawsuit
    alleging that some software infringes a patent). The conditions must
    limit retaliation to a subset of these two cases: 1. Lawsuits that lack
    the justification of retaliating against other software patent lawsuits
    that lack such justification. 2. Lawsuits that target part of this
    work, or other code that was elsewhere released together with the parts
    you added, the whole being under the terms used here for those parts.

    11. Licensing of Patents.

    When you distribute a covered work, you grant a patent license to
    the recipient, and to anyone that receives any version of the work,
    permitting, for any and all versions of the covered work, all
    activities allowed or contemplated by this License, such as
    installing, running and distributing versions of the work, and using
    their output. This patent license is nonexclusive, royalty-free and
    worldwide, and covers all patent claims you control or have the right
    to sublicense, at the time you distribute the covered work or in the
    future, that would be infringed or violated by the covered work or any
    reasonably contemplated use of the covered work.
    Also if anyone knows a beter forum for this then " Product / Book / Training / Conference Reviews " sugest..
    ASCII stupid question, get a stupid ANSI.
    When in Russia, pet a PETSCII.

    Get your ass over to SLAYRadio the best station for C64 Remixes !

  2. #2
    Leftie Linux Lover the_JinX's Avatar
    Join Date
    Nov 2001
    Location
    Beverwijk Netherlands
    Posts
    2,534

    GPLv3 || DRM || Patents

    From the GPLv3 Discussion Draft 1:

    Therse are some of my highlites
    Some countries have adopted laws prohibiting software that enables users
    to escape from Digital Restrictions Management. DRM is fundamentally
    incompatible with the purpose of the GPL, which is to protect users'
    freedom; therefore, the GPL ensures that the software it covers will
    neither be subject to, nor subject other works to, digital restrictions
    from which escape is forbidden.

    Finally, every program is threatened constantly by software patents. We
    wish to avoid the special danger that redistributors of a free program will
    individually obtain patent licenses, in effect making the program
    proprietary. To prevent this, the GPL makes it clear that any patent must
    be licensed for everyone's free use or not licensed at all.
    And in legalese..
    2. Basic Permissions.

    ...

    This License gives unlimited permission to privately modify and run the
    Program, provided you do not bring suit for patent infringement against
    anyone for making, using or distributing their own works based on the
    Program.

    3. Digital Restrictions Management.

    As a free software license, this License intrinsically disfavors
    technical attempts to restrict users' freedom to copy, modify, and share
    copyrighted works. Each of its provisions shall be interpreted in light of
    this specific declaration of the licensor's intent. Regardless of any
    other provision of this License, no permission is given to distribute
    covered works that illegally invade users' privacy, nor for modes of
    distribution that deny users that run covered works the full exercise of
    the legal rights granted by this License.

    No covered work constitutes part of an effective technological protection
    measure: that is to say, distribution of a covered work as part of a system
    to generate or access certain data constitutes general permission at least
    for development, distribution and use, under this License, of other
    software capable of accessing the same data.


    7. License Compatibility.

    ...

    Aside from additional permissions, your terms may add limited kinds of
    additional requirements on your added parts, as follows:

    ...

    e) They may impose software patent retaliation, which means permission
    for use of your added parts terminates or may be terminated, wholly or
    partially, under stated conditions, for users closely related to any
    party that has filed a software patent lawsuit (i.e., a lawsuit
    alleging that some software infringes a patent). The conditions must
    limit retaliation to a subset of these two cases: 1. Lawsuits that lack
    the justification of retaliating against other software patent lawsuits
    that lack such justification. 2. Lawsuits that target part of this
    work, or other code that was elsewhere released together with the parts
    you added, the whole being under the terms used here for those parts.

    11. Licensing of Patents.

    When you distribute a covered work, you grant a patent license to
    the recipient, and to anyone that receives any version of the work,
    permitting, for any and all versions of the covered work, all
    activities allowed or contemplated by this License, such as
    installing, running and distributing versions of the work, and using
    their output. This patent license is nonexclusive, royalty-free and
    worldwide, and covers all patent claims you control or have the right
    to sublicense, at the time you distribute the covered work or in the
    future, that would be infringed or violated by the covered work or any
    reasonably contemplated use of the covered work.
    Also if anyone knows a beter forum for this then " Product / Book / Training / Conference Reviews " sugest..
    ASCII stupid question, get a stupid ANSI.
    When in Russia, pet a PETSCII.

    Get your ass over to SLAYRadio the best station for C64 Remixes !

  3. #3
    Leftie Linux Lover the_JinX's Avatar
    Join Date
    Nov 2001
    Location
    Beverwijk Netherlands
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    2,534
    I know it's not nice to reply to ones own post.. but wtfc..

    I read an interesting NewsForge article that clears up a lot of the legalese..
    A large part of the GPLv3 is aimed at clarifying parts of the GPLv2 that have caused confusion over the past 15 years. Like many of us, the GPL has put on weight with age -- the new license is more than 4,500 words, whereas the GPLv2 is a less than 3,000. Much of the heft comes not from additional provisions to the license, but from additional text meant to define terms used in the license. For example, the GPLv3 defines source code, object code, and even "complete corresponding source code" in relation to a licensed work.
    ASCII stupid question, get a stupid ANSI.
    When in Russia, pet a PETSCII.

    Get your ass over to SLAYRadio the best station for C64 Remixes !

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