[Open-graphics] Definition of Open Hardware

[Timothy Miller]

On 10/6/06, Terry Hancock <hancock at anansispaceworks.com> wrote:
> Timothy Miller wrote:
> >  On 10/6/06, Terry Hancock <hancock at anansispaceworks.com> wrote:
> > > Yes, and I think that this much can be achieved with the existing
> > > GPLv3 (draft 2), and appropriate use of Section 7 to define and
> > > permit a release of copyleft requirements across
> > > specifically-defined boundaries.
> >
> >  Regarding GPLv3 and DRM, is there going to be a problem wrt codecs we
> >  might want to include in a design?
>
> Only if you actually want to sue people for circumventing them.  With
> GPLv3, you are granting everyone the right to circumvent any TPM you
> might implement.
>
> You can implement EXACTLY the same technology as any given TPM/DRM
> scheme, but if you do so under a GPLv3 license, the license says it
> isn't "really" a "TPM" for legal purposes. What that means in practical
> terms is that you are expressly waiving any right to use the DMCA to sue
> people if they "circumvent" your "TPM", because it isn't legally a "TPM"
> (even though it is exactly the same thing from a technology standpoint).
>
> Note that this wording changed a lot from draft 1 to draft 2, and might
> change again.
>
> Of course, IANAL, but this is my understanding.

Ok, well, I don't care about any of that because we have no plans to
create any new kind of DRM for any content we want to protect.  To
cover our butts, we'll make sure that any DRM logic we implement does
not in any way "enable" people to break the DRM in ways that might
violate the DMCA or copyright law.  But if they find some way to
circumvent our reasonable measures, that's not our problem (I hope).

Indeed, for the most part, we'll try to rely on off-the-shelf external
chips to implement things like HDCP en/de-coding.  I don't want any
things like that in our chips if I can help it.  But I'm not going to
steadfastly refuse to provide a legal mechanism that users demand just
because someone has applied the label "DRM" to it.

These things will have to be carefully considered on a case-by-case basis.

How much do I want to bend my ideals in order to provide functionality
that will sell?  How much do I want to risk the business by not
providing it?  Sometimes, you're damned no matter what choice you
make.