Re: [gentoo-dev] Re: RFC: Niches and new developers (especially xbox)

[Chris Gianelloni]

On Sat, 2004-06-12 at 09:10, Chris Bainbridge wrote:
> We are not "circumventing a technological measure that effectively controls
> access to a work". If we were, it would be possible to copy and play pirated
> games. How can a system that retains the existing security features of the
> xbox be considered to be circumventing them?

How about access to the BIOS?  Is that not controlled?  Bypassing an
access control doesn't have to mean stealing games.

> The instructions would be "primarily designed" to describe how to install
> linux. They would not be "primarily designed" to describe how to pirate
> games.

See above.  Apples and Oranges.

> No, its purpose is to run linux, not bypass the access controls on commercial
> DVDs.

No.  It's purpose is to bypass the access controls to the BIOS to
install *something else* than what you are allowed, even though
Microsoft has gone to enough length to stop it.  Welcome to the reason
why the DMCA sucks so badly.  It is written *very* vaguely and is very
broad-reaching.

> It would be marketing it. It would not, however, be marketed for the purpose
> of circumventing the protection on commercial DVDs.

Nobody said it would.  I'm talking about BIOS access, and always have
been.  Your viewpoint is too narrow as you're focusing on *only* copying
games/DVDs illegally.

> Maybe we need a US/non-US package split. We can remove all of the potentially
> DMCA/patent infringing ebuilds from the US based servers. As Europeans do not
> (yet) have such restrictions as the DMCA and software patents this would make
> sense.

...fork and do it yourself.  We aren't stopping you.  ;]

-- 
Chris Gianelloni
Release Engineering QA Manager/Games Developer
Gentoo Linux


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