[Discuss] Govt Source Code Policy

[me at mattgillen.net (Matthew Gillen)]

On 4/3/2016 2:49 AM, Rich Pieri wrote:
> On 4/2/2016 10:20 PM, Matthew Gillen wrote:
>> That would satisfy the anti-tivoization and be within the limits of the
>> GPLv3, while still causing a problem for the FBI in this particular
>> instance.
> 
> Incorrect on both counts. Part 6 prohibits restrictions on consumer
> devices that prevent or interfere with the continued operation of
> modified software. Automatically wiping or factory resetting the device
> definitely constitutes interference.

That is quite debatable.  Auto-bricking the phone would definitely count
as interfering with the device.  Erasing protected storage that does not
render the device unusable (even if, for instance, it made it so you
could never talk to iTunes again), would not necessarily constitute
interference.

> Part 3 requires that circumvention of DRM around covered works be
> permitted. Even if you could find a way around the terms of Part 6 you
> could not prevent a user from circumventing your auto-wipe DRM.

That's not what Part 3 actually says.  What it says is that any DRM
mechanisms cannot be construed as 'protection' w.r.t. the DMCA.

It does not say "I need to build in a way for end users to bypass my DRM".