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Re: GPLv3 comedy unfolding -- "Paracopyright"


From: Alexander Terekhov
Subject: Re: GPLv3 comedy unfolding -- "Paracopyright"
Date: Wed, 28 Mar 2007 17:32:27 +0200

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 
party’s 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.

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