[WSIS CS-Plenary] Re: [governance] [A2k] Re: [Wsis-pct] IP Justice Comment to IGF on Top Policy Issues forAthens

Wed Apr 5 00:58:47 BST 2006

I don't know how we came to be discussing *version 3* of the GPL in this
thread (well, I do, we were talking about DRM and then someone mentioned the
GPL, which says something about DRM, and then everything went to hell in a
handbasket).

But since we're now talking about it...  Bernard, what you should understand
about version 3 of the GPL is that it *does not* prevent people from
implementing DRM or "technical protection measures" (exept in certain special
cases that involve the use of trusted computing hardware).  What it does is
try to ensure that users have the right and ability to program their way
around DRM, if they are sufficiently motivated to do so.

Beyond this, the effect of the DRM clauses in the GPLv3 draft is rather complicated
(if you're interested, I wrote a paper about it,
http://www.cs.mu.oz.au/~pde/writing/drm_gplv3.pdf )

On Tue, Apr 04, 2006 at 07:22:48PM +0200, Bernard Lang wrote:
> 
> 
> I am not sure what this issue of DRM and free software is doing here,
> in this list, since this problem is very technical and apparently not
> well understood by those concerned, and a source of disagreement among
> people who are all known to be active in support of free software.
> 
> I will illustrate with an example. People want to listen to music on
> their computer.  The music they want may be sold under condition that
> is controlled by a DRM system ... any other software that gives access
> to it without controlling restrictions is illegal (that is the law of
> the country).  Now we have a choice of making free software that will
> control the restrictions, or not making any ...  that is the only
> choice.
> 
> If we choose not to make any, then it is likely that no one will make
> it for free software platforms, thus making them less appealing to the
> many people who want to listen to the restricted music.  That probably
> does not help popularizing these platforms.
> 
> So, since I do want to enable people to use these platforms, I will
> use a free software licence that does not preclude the implementation
> of DRM (thus not the GPLv3 licence). Nice.  And since I like copyleft,
> I will use a copyleft licence, which by the very purpose of copyleft
> will be incompatible with GPL v3, thus worsening the problem of
> licence multiplicity.
> 
> I do not see what is gained. I do see what is lost.
> 
> But it is true that for some people, implementing restriction
> management in software is much worse that implementing weapon systems.
> 
> I am not saying that I like DRM. I hate them, for many reasons, and
> some beyond the issue of freedom.
> 
> I just do not think that forbidding their implementation is the proper
> way of fighting them.  We can only lose by it.  And it is the first
> step into restricting the application domain of a licence for reasons
> other than protecting the freedom of software itself.
> 
> Where will we stop then?
> 
> As far as I am concerned, GPLv3 is not even a free software licence.
> It does not meet the 6th requirement of the OSI definition.

> 
> 
> Sorry for this technical contribution.
> 
> I may be mistaken, and since Richard Stallman is one of the people who
> recived the message that I am replying to, I am sure he will correct
> me and show me where I am wrong.  I am only human, and to err is human
> :-)
> 
> 
> Saludos
> 
> Bernard
> 
> 
> * Milton Mueller <mueller at syr.edu>, le 04-04-06, a écrit:
> > [Please note that by using 'REPLY', your response goes to the entire list. Kindly use individual addresses for responses intended for specific people]
> >
> > Click http://wsis.funredes.org/plenary/ to access automatic translation of this message!
> > _______________________________________
> >
> > This seems to me to be the correct approach. I think Norbert has it right here.
> > --MM
> >
> > >>> Norbert Bollow <nb at bollow.ch> 04/03/06 3:36 AM >>>
> > Those who like DRM are still free to use it, but I am able to
> > prevent them from _redistributing_ _my_ work, or a derivative
> > work thereof, as part of a DRM scheme to which try to subject
> > third parties.
> >
> > When I release a program that I have written as Free Software,
> > I want this activity to increase the amount of freedom which
> > exists in the world, and I want to take precautions against
> > my work having unintended effects of actually decreasing the
> > freedom which exists in the world.
> >
> > In other words, because the GPLv3 draft has been created, I
> > have gained the ability to do what I want (thank you, FSF),
> > while pro-DRM people retain the ability to do what they want.
> >
> > Of course I hope that over time, a social consensus will
> > emerge that DRM (in the sense of allowing anyone to impose
> > restrictions on what someone else's computer may be programmed
> > to do) is not acceptable in any form or shape.
> >
> > In the meantime, those who are in favor of DRM vote with
> > their actions for their opinion, by using some kind of DRM
> > system for those creative works concerning which they control
> > copyright-related rights.  It's only fair when we who are
> > opposed to DRM can also vote with our actions for our opinion,
> > by using DRM-incompatible licensensing for our creative works.
> >
> > Greetings,
> > Norbert
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> 
> --
>              Le brevet logiciel menace votre entreprise
>                Software patents threaten your company
>     Soutenez la Majorité Économique - Support the Economic Majority
>                   http://www.economic-majority.com/
> 
> Bernard.Lang at inria.fr             ,_  /\o    \o/    Tel  +33 1 3963 5644
> http://pauillac.inria.fr/~lang/  ^^^^^^^^^^^^^^^^^  Fax  +33 1 3963 5469
>             INRIA / B.P. 105 / 78153 Le Chesnay CEDEX / France
>          Je n'exprime que mon opinion - I express only my opinion
> 
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-- 
Peter Eckersley
Department of Computer Science   &                  mailto:pde at cs.mu.oz.au 
IP Research Institute of Australia             http://www.cs.mu.oz.au/~pde
The University of Melbourne               