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C|Net today has an article by moi on whether the proposed GPLv3 would be compatible with the use of Digital Rights Management. Bringing to bear the full force of my Harvard-honed legal skills, my conclusion is, "Who the hell knows?"
This question is crucial to the fate of version 3, and to that of the FLOSS movement generally. The ability to deploy DRM of various sorts is indispensable to content creators, which means it is indispensable to the IT companies that want to do business with them. So, when the General Counsel of MegaContent asks "Can I use DRM with this open source program?" it is not good enough to say, "Maybe," or "Some say 'yes', some say 'no'; I'm sure a court will decide eventually."
As the article notes, the corporate backers of open source continue to be oddly silent. My hypothesis is that someone finally got around to asking the GCs of the potential customers what they think of the proposed revision, and got some X-rated answers.
As noted before, the Free Software Foundation is trying to convert itself into a regulatory agency, and is using the standard government agency trick of expanding its power by ambiguity in regulation. But it is not a government, and its customers have alternatives.
posted by James DeLong @ 12:04 PM | Software
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