Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S263544AbUD3RoK (ORCPT ); Fri, 30 Apr 2004 13:44:10 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S263593AbUD3RoK (ORCPT ); Fri, 30 Apr 2004 13:44:10 -0400 Received: from sanosuke.troilus.org ([66.92.173.88]:49823 "EHLO sanosuke.troilus.org") by vger.kernel.org with ESMTP id S263544AbUD3RoG (ORCPT ); Fri, 30 Apr 2004 13:44:06 -0400 To: Marc Boucher Cc: linux-kernel@vger.kernel.org Subject: Re: [PATCH] Blacklist binary-only modules lying about their license References: <40927417.6040100@nortelnetworks.com> <40927F6F.9020907@canalmusic.com> <765C53A8-9AC6-11D8-B83D-000A95BCAC26@linuxant.com> From: Michael Poole Date: Fri, 30 Apr 2004 13:44:05 -0400 In-Reply-To: <765C53A8-9AC6-11D8-B83D-000A95BCAC26@linuxant.com> (Marc Boucher's message of "Fri, 30 Apr 2004 12:50:18 -0400") Message-ID: <87zn8tmkd6.fsf@sanosuke.troilus.org> User-Agent: Gnus/5.1006 (Gnus v5.10.6) XEmacs/21.4 (Security Through Obscurity, linux) MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 2063 Lines: 47 Marc Boucher writes: > I am not threatening anyone, only reminding folks that making > unsubstantiated public allegations that unfairly damage a person or > company's reputation is wrong and generally illegal. > > Marc I do not think the allegations are unsubstantiated or unfair; on the contrary, people have identified with specificity what is offensive and probably illegal. Might I remind you of 17 USC 1201(b)(1): No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that - (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; (B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; or (C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof. Issuing the taint warning when a derivative work is created is a right of the copyright owner(s); you have explained the embedded \0 as a "mere" technical measure designed to circumvent the taint warning. In my reading, that qualifies it as a violation of the paragraph above. Part or all of 12 USC 1202 may also apply for similar reasons. The DMCA may be unpopular, but it is still law. Michael Poole (who is not a lawyer) - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/