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GPL 3 to Take Hard Line on DRM

sebFlyte writes "ZDNet is reporting that Eben Moglen, the FSF's lead lawyer and the co-authour of GPL3, has explained that DRM is 'fundamentally incompatible' with the aims of the FSF and will be given short shrift in the latest version of the free software licence, which bans the use of 'digital restrictions' in GPL3 governed software. In his words: 'I recognise that that's a highly aggressive position, but it's not an aggression which we thought up. It's a defence related to an aggression which was launched against the people whose rights are our primary concern... We don't want our software used in a way which batters the head of the user to please somebody else. Our goal is the protection of users' rights, not movies' rights.'" We discussed the new GPL on Monday.

17 of 574 comments (clear)

  1. Sony fiasco related? by PIPBoy3000 · · Score: 4, Insightful

    I wonder if Sony's DRM screw-up and evidence that GPL'ed code was in their DRM software played any role in this rather firm approach.

    1. Re:Sony fiasco related? by AdamWeeden · · Score: 4, Insightful

      I would doubt it considering that they had already violated the GPL by not releasing their source. Why would an extra GPL violation matter?

      --
      I was quoted out of context in my autobiography...
    2. Re:Sony fiasco related? by Firehed · · Score: 4, Insightful
      Well, the problem is that a good deal of people/companies that are likely to release under the GPL wouldn't haven the funding to start a legal battle, even if they find their GPL'd code being used in a way that violates the agreement. And that's a big "if".

      Certainly it's enforcable. Moreso than most agreements or contracts. But it's almost impossible to track down someone in violation, and quite unlikely you'll have the funding to do anything about it. I'm not sure how many banks give out loans to cover lawyer fees in order to file a lawsuit.

      --
      How are sites slashdotted when nobody reads TFAs?
    3. Re:Sony fiasco related? by phiwum · · Score: 4, Insightful

      "They didn't come after any of these people, they're just singling us out because we're more profitable" becomes a defense.

      How could that be a defense? Copyright isn't like trademark: a holder can selectively enforce his copyright if he chooses.

      Besides, I believe that a number of GPL infringements were stopped by the threat of lawsuit. So, at least certain would-be defendants wanted to avoid court.

      --
      Phiwum's law: anyone that names an obvious law after himself and then puts it in his own sig is just pathetic.
    4. Re:Sony fiasco related? by kwalker · · Score: 4, Insightful

      GPL violations aren't "punished" like other violations are. Generally the restitution involves releasing the source to the modified GPL binaries a company releases. That's all most authors of GPL'd software are really after. That and a promise to not violate again. They don't go for big court settlements.

      --
      ... And so it comes to this.
  2. GPL3 players for DRMed media illegal then? by amigabill · · Score: 4, Insightful

    So it won't be legal for someone to write a media player for someone else's media content that comes with DRM, and release this media player under GPL3? Sure, other licenses can be used for such things, but now such projects cannot benefit from other aspects of GPL3.

    1. Re:GPL3 players for DRMed media illegal then? by KiloByte · · Score: 4, Insightful

      Why? Of course, you are allowed to write such a player (although certain laws like the DMCA can be a blocker). What you won't be able to is taking someone's player, encrust it with your DRM and distribute it without providing the key. GPLv3 just closes the loophole where someone can try to claim that the decryption key doesn't belong to the source.

      If you read GPLv2 as intended, this was already the case in that version -- source that can't produce functional binaries is not the real source; GPLv3 just amends the wording so shifty lawyers can't play word games.

      GPLv3 is not perfect and it has many warts, so bad that I would go Linus' way (pure v2) at this moment, but the DRM clause is one of its stronger upsides.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  3. Re:My problem with DRM... by Otter+Escaping+North · · Score: 5, Insightful
    As a writer, I'd like to be paid for my work. I'd rather not make it easy for people to redistribute my work without compensating me.

    I'm a writer as well, and a believer in the rights of content owners to be compensated.

    I think it's been proven time and again, though, that DRM is a failed concept that actually hinders consumers more than it thwarts pirates.

    Rights and compensation for copyright owners is an issue. DRM is not the answer.

    --
    Running Windows^H^H^H^H^H^H^H OSX and Linux in the home. (I don't have time for Solitaire any more.)
  4. Sony fiasco is related by QuaintRealist · · Score: 4, Insightful

    Broaden the meaning of this question and there is no doubt - the recent explosion of news events regarding DRM, especially the Sony issue, has hardened the opinions of many of us. Perhaps the use of GPL code did not itself have an effect, but the whole mess certainly did

    --
    Using plain ol' text since 1968
  5. Greater Gnu General Public Licence by Morosoph · · Score: 5, Insightful
    Restrictions on DRM are interesting, for there will be some who will want to extend the penetration of free software with an emaphasis upon programming freedom (of future programmers), and others who support the goal of general freedom.

    Linus may stick with GPL version 2 for the simple reason that he may wish to equip Linux to be able to implement hardware-based DRM. Linus is pragmatic in the straightforward sense: many Linux users will want access to DRMed material... Hence version 2, not version 3.

    Stallman is pragmatic in a more esoteric sense: the GPL version 2 has been increadibly successful. He is pitching the GPL version 3 to maximise freedom, and this blow against DRM will do exactly that. True, free software will have less penetration as a result, but the world will be a freer place for the compromise not being taken.

    From a moral angle, this clause allows programmers to restrict how the fruit of their skills is to be exploited, which is naturally within their right, as long as copyright is recognised in law.

  6. Right to read by redelm · · Score: 4, Insightful
    I'd be surprised if GPLv3 wasn't strongly against DRM, given one of Stallman's early papers Right-to-Read.Scarey stuff, and DRM has exactly these aims.

  7. whether or not the license says it... by QunaLop · · Score: 4, Insightful

    ...you cannot have drm in oss, it just is not possible. if your software can render it, which involves processing the drm (decrypt, etc) then you can remove the drm pretty much just as easily and since the rendering code is there for everyone to see, the is trivial to adjust the app to play to disk.

  8. Re:My problem with DRM... by MoxFulder · · Score: 4, Insightful

    It's true that iTunes DRM is some of the least obnoxious in terms of the practical restrictions it places on the user...

    BUT you're still entirely at the mercy of Apple. If they go out of business, or get bought out, or become more evil/greedy, then they can impose new restrictions on the use of their products.

    And while iTunes DRM does stop average Joe's from pirating songs, there's software out there to crack it, and it works.

  9. Re:My problem with DRM... by doofusclam · · Score: 5, Insightful
    no-one seems to be particularly hindered by the DRM in iTunes


    I'd disagree with this. I have a music server that serves Foobar2000 on my windows PC, Amarok on my Linux HTPC and Music Player Daemon/Icecast so I can listen to my CDs at work. Much as i'd love to buy from itunes occasionally their DRM stops me from just dropping the tunes on my Linux server and using them as I see fit.

    The same goes for the audiophile types who spend 30k+ on home music server systems for the same reasons - Apples DRM prohibits them from using their legally bought music as they see fit.

    Back to P2P again then...
  10. On the source of rights... by meringuoid · · Score: 5, Insightful
    You say that human rights are something we are born with. Something inherent, inalienable, natural, perhaps even God-given.

    Something we have simply by right of being alive is something we will hold cheaply and assume will always be there, like the air we breathe.

    Our rights are not God-given or inherent to ourselves. Nor are they granted to us by the benevolence of our rulers. Our rights were taken from our rulers, by force. Among all our ancestors were rebels and traitors, terrorists and pirates, mutineers and heretics and unionists and blackguards and revolutionaries and blasphemers and barbarians, and it is their struggle that we have to thank for the freedom we enjoy today. They fought against kings and barons, against tycoons and industrialists, against priests and popes, and they set themselves and their descendants free.

    When you give up a freedom to the state, or to the establishment, or to the company, you aren't giving up something that is yours to give away that you've had all your life and which you got for nothing. You're giving up something bought by the blood of countless rebels over the centuries. You're betraying the sacrifices made by your ancestors.

    A right we think is inalienable we will neglect and soon lose. A right we know was won by our ancestors through hardship and struggle we will defend forcefully.

    --
    Real Daleks don't climb stairs - they level the building.
  11. Restricting Use? by Wannabe+Code+Monkey · · Score: 4, Insightful

    I absolutely hate DRM and believe that the DMCA should be repealed. I also believe there should be laws stating that no one should be able to place digital locks on material that a user has certain rights to which the locks curtail.

    However, I really don't know about this change in the GPL. I thought one of the things the GPL wanted to avoid were the extra clauses about what you could and couldn't use the software for. I seem to remember people who would write "free" software with the license almost identical to the GPL but then add things like "No one in the US Military is allowed to use this software." I was under the impression that people who truly wanted Free and Open Source Software to prevail were against these kinds of restrictions...

    --
    We always knew Comcast was corrupt, here's the proof: http://tech.slashdot.org/comments.pl?sid=1909890&cid=34545432
  12. It's about freedom by Marillion · · Score: 5, Insightful
    Bruce Schneier once said, "Making bits uncopyable is like making water not wet." DVD Jon pointed out the the purpose of DRM isn't to prevent copying. Its purpose is to place constraints on the decoder.

    RMS started his crusade long before anyone heard of Microsoft when a printer manufacturer wouldn't give him the source code for a printer driver so he could fix the bugs that were preventing it from working on the computer he was using. RMS is about preventing artificial limits on a computers ability to meet the needs of its users.

    Over the years the artificial limits have included the unavailability (hoarding in RMS-speak) of source code and patents. Adding DRM is the next logicial addition.

    --
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