Paracopyright
What was the second paragraph of section 3 in Draft 2, concerning so-
called anticircumvention law, has been broken up into two paragraphs.
In the first paragraph we have replaced the reference to the Digital
Millennium Copyright Act, a United States statute, with a corresponding
international legal reference to anticircumvention laws enacted
pursuant to the 1996 WIPO treaty and any similar laws. Lawyers outside
the United States have worried that a United States statutory reference
could be read as indicating a choice for application of United States
law to the license as a whole, which of course was not our intention.
Further research has caused us to doubt the view that only one or the
other paragraph of section 3 will typically be effective in a country
that has enacted an anticircumvention law. Moreover, we believe that
several national anticircumvention laws have been or will be structured
more similarly to the anticircumvention provisions of the Digital
Millennium Copyright Act than to the counterpart provisions of the
European Union Copyright Directive.
In the second paragraph of section 3, we now state more precisely that
a conveying party waives the power to forbid circumvention of
technological measures only to the extent that such circumvention is
accomplished through the exercise of GPL rights in the conveyed work.
We have made two changes in the disclaimer of intention regarding
limitations on the design and use of the work. First, we make clear
that the referenced legal rights are specifically rights arising
under anticircumvention law. Second, we now refer to the conveying
partys rights in addition to third party rights, as in some cases the
conveying party will also be the party legally empowered to enforce or
invoke rights arising under anticircumvention law.
------
regards,
alexander.
--
"FORM 990, PART II, LINE 25 - OFFICER COMPENSATION SCHEDULE
===========================================================
PROGRAM MANAGMENT
OFFICER NAME AND TYPE OF COMPENSATION SERVICES AND GENERAL
EBEN MOGLEN
COMPENSATION: 116,875. 38,959."
-- SOFTWARE FREEDOM LAW CENTER, INC.
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