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    SubjectRe: GPLv3 Position Statement
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    On Mon, 2006-09-25 at 12:31 +0100, Alan Cox wrote:
    > The GPLv3 rewords it in an attempt to be clearer but also I think rather
    > more over-reaching. It's not clear what for example happens with a
    > rented device containing GPL software but with DRM on the hardware.
    > Thats quite different to owned hardware. GPLv2 leaves it open for the
    > courts to make a sensible decision per case, GPLv3 tries to define it in
    > advance and its very very hard to define correctly.

    Also the prevention of running modified versions is not only caused by
    economic interests and business models. There are also scenarios where
    it is simply necessary:

    - The liability for damages, where the manufacturer of a device might
    be responsible in case of damage when he abandoned the prevention. This
    applies to medical devices as well as to lasers, machine tools and many
    more. Device manufacturers can not necessarily escape such liabilities
    as it might be considered grossly negligent to hand out the prevention
    key, even if the user signed an exemption from liability.

    - Regulations to prevent unauthorized access to radio frequencies, which
    is what concerns e.g. cellphone manufacturers.

    - ...

    An ultimate definition of acceptable and unacceptable usage scenarios is
    simply not possible due to the complexity of the problem. Any attempt to
    create a definition will lead to loopholes and grey areas. Further it
    will compulsory exclude acceptable usage scenarios.

    A simple loophole example was brought up in the discussion already:
    Technical limitations which do not allow modification at all, e.g. ROMs,
    ASICs are apparently considered as a valid usage scenario, but it also
    allows in consequence the circumvention of the intended lock down
    protection by simple technical means, e.g. ROM based software
    cartridges.

    If you knit narrower meshes, you create more holes. This is not only
    true for knitgoods, it's also a well known problem of legal systems.

    tglx


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