3 ms·

This is apparently why the DMCA anti-circumvention provisions only apply to bypassing "effective copy protection" systems. Of course, if a copy protection syst

This is apparently why the DMCA anti-circumvention provisions only apply to bypassing "effective copy protection" systems. Of course, if a copy protection system was "effective" it wouldn't need a law prohibiting its circumvention. Conversely, if a copy protection system is circumventable, it's not effective.

gizmo686 14y ago
Unfourtuantly, the term "effective" is highly ambiguos. One could argue that any system that works against non-programmers is effective, as most of the market is a non-programmer.
- nitrogen 14y ago
  The term "effective" is defined in the DMCA: 1201(a)(3)(B) a technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. So, even trivial measures like the broadcast flag or SCMS[0] are covered by the DMCA's anti-circumvention provisions. Similar laws in other countries have similar definitions. [0] https://en.wikipedia.org/wiki/Serial_Copy_Management_System https://en.wikipedia.org/wiki/Serial_Copy_Management_System
eli 14y ago
IANAL, but I'm pretty sure you are misreading that. A technology that "effectively controls access" means that it has the effect of controlling access. It's not a qualitative statement on how well it works.
alexkus 14y ago
Since it uses [L]GPL software then this comes in to play:- https://www.gnu.org/licenses/gpl-faq.html#DRMProhibited https://www.gnu.org/licenses/gpl-faq.html#DRMProhibited " Does GPLv3 prohibit DRM? It does not; you can use code released under GPLv3 to develop any kind of DRM technology you like. However, if you do this, section 3 says that the system will not count as an effective technological “protection” measure, which means that if someone breaks the DRM, he will be free to distribute his software too, unhindered by the DMCA and similar laws. As usual, the GNU GPL does not restrict what people do in software, it just stops them from restricting others. "

gizmo686 14y ago

Unfourtuantly, the term "effective" is highly ambiguos. One could argue that any system that works against non-programmers is effective, as most of the market is a non-programmer.

nitrogen 14y ago
The term "effective" is defined in the DMCA: 1201(a)(3)(B) a technological measure "effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. So, even trivial measures like the broadcast flag or SCMS[0] are covered by the DMCA's anti-circumvention provisions. Similar laws in other countries have similar definitions. [0] https://en.wikipedia.org/wiki/Serial_Copy_Management_System https://en.wikipedia.org/wiki/Serial_Copy_Management_System

eli 14y ago

IANAL, but I'm pretty sure you are misreading that. A technology that "effectively controls access" means that it has the effect of controlling access. It's not a qualitative statement on how well it works.

alexkus 14y ago

Since it uses [L]GPL software then this comes in to play:- https://www.gnu.org/licenses/gpl-faq.html#DRMProhibited https://www.gnu.org/licenses/gpl-faq.html#DRMProhibited " Does GPLv3 prohibit DRM? It does not; you can use code released under GPLv3 to develop any kind of DRM technology you like. However, if you do this, section 3 says that the system will not count as an effective technological “protection” measure, which means that if someone breaks the DRM, he will be free to distribute his software too, unhindered by the DMCA and similar laws. As usual, the GNU GPL does not restrict what people do in software, it just stops them from restricting others. "