Re: Linux GPL and binary module exception clause?

From: Nick Piggin
Date: Thu Dec 11 2003 - 13:26:49 EST




Valdis.Kletnieks@xxxxxx wrote:

On Thu, 11 Dec 2003 18:44:03 +0100, Robin Rosenberg said:


If EXPORT_GPL is changed as a means of protecting the copyright, i..e. provide
source code access. then doesn't this "mechanism" fall under the infamous DMCA, i.e. you're not allowed to even think about circumventing it...


17 USC 1201 (a)(1)(A) says:

"No person shall circumvent a technological measure that effectively controls
access to a work protected under this title. The prohibition contained in the
preceding sentence shall take effect at the end of the 2-year period beginning
on the date of the enactment of this chapter."

OK, so Adobe managed to make the case that rot-13 was an "effective control".
Given that the GPL specifically allows you to change the source and thus bypass
the EXPORT_GPL, I doubt you can make the case for "effective".


You know, "effectively" has two (that I know of) meanings.

I would be surprised if a case for prosecution could be won based on
the argument that rot-13 "works properly". Not because I know anything
about law, maybe naive though.


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