guide/presentations/1hr-GPL/1hr-GPL.markdown

% Brief Introduction to the GNU General Public License
% Bradley M. Kuhn
% Monday 24 March 2014

# Audience Polls

+ My goal here is to move faster or slower based on audience knowledge.

+ There are folks in this audience who have worked with this stuff for years,
  and those who are completely new.

+ We want these presentations to be valuable to all of you.

+ Please, don't be embarrassed:
     + Ever GPL expert in the world, including me, started as a student who
       knew none of this.

# IANAL

<cite>IANAL</cite>

# My Affiliations

+ Formerly had John's job, Executive Director of FSF, years ago.

+ Currently: on Board of Directors of FSF.

+ President of Software Freedom Conservancy.

# How These Orgs Relate to GPL?

+ FSF
    + Invented copyleft.
    + Authors &amp; stewards of the GPL.
    + Holder of copyrights on many key GNU programs &hellip;
    + &hellip; and therefore enforcers of those copyrights.

+ Software Freedom Conservancy
    + Adviser on legal issues of copyright, etc. to Free Software projects.
    + Holder of some copyrights on its member projects.
    + Enforcer of GPL on behalf of many copyright holders in:
    + BusyBox, Samba, Mercurial, and the kernel named Linux.

# How this Hour Will Go?

+ Materials presented will mix the simple &amp; complex.

+ We cannot possibly cover the entire GPL in one hour.

+ Discuss: motivations, origins, then a few of GPL's sections.

+ I understand the mix of backgrounds in the audience.

# A Restaurant's Lawyer?

+ Considering why you want to learn this.

+ What if your client was a restaurant?

+ What would you want to need to know?

# Restaurant Lawyer: What'd You Study?

+ If you were a restaurant's lawyer:

+ Probably three areas of law you'd focus on:
     + building codes.
     + health and safety regulations.
     + tax regulations.

+ Who would want to hear from?

# Restaurant Lawyer: What'd You Study?

+ Figure out the motivations behind the building code:
      + What parts are arcane and less important to inspectors?
      + How do inspections work?
      + What are the penalties?

+ Figure out the same for health &amp; safety:
      + Who inspects, and when?
      + What's the health code say, and what checklist do inspectors use?

+ Likely Questions:
      + Who's in charge of all this?
      + What's purpose and intent of these regulations?
      + Can I meet the inspectors?
      
# Why Listen To Us?

+ FSF: Understanding the purpose and intent of the GPL.
    
+ Conservancy &amp; FSF:
    + both enforce the GPL.
    + if your client violates, you will hear from one of us.

+ Such access to drafters, interpreters, enforcers is highly unique.

+ Someday, we may (or already have) sit across the table from you.

+ Our transparency does make your job easier. 

# The Mindset of GPL

+ GPL protects software freedom.

+ Ultimate goal: make sure every user has the four freedoms.
     + Freedom to run the software.
     + Freedom to study and modify the software.
     + Freedom to share the software.
     + Freedom to distribute modified versions.

+ Every clause in GPL was designed to uphold one of these freedoms.
     + Or, it's a compromise of drafting in adoption vs. freedom debate.

# Using Copyright

+ GPL is primarily a copyright license.
      + Software is copyrighted.
      + License grants key freedoms.
      + Requirement prohibit activities that take away freedoms.

+ General concept: copyleft.

+ Specific implementation: GPL.

<hr/>

<span class="fitonslide">

> Copyright protection subsists &hellip; original works of authorship fixed in any tangible medium of expression &hellip;  from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

<p align=right>
 &mdash; <a href="http://www.law.cornell.edu/uscode/text/17/102">17 USC &sect;102</a>
</p>
</span>

# Conditional Permissions

+ A copyleft license grants copyright permissions, conditionally.

+ Think of the phrase: &ldquo;provided that&rdquo;

+ &ldquo;provided that&rdquo;: appears (in some form) only

+ 4 times in GPLv2

+ 9 times in GPLv3.

# Compare To Proprietary Licenses

+ Yes, the GPL has its requirements.

+ But *none* of these activities are ever permitted under proprietary
  licenses.

+ If you don't like what the GPL requires you to do, then just tell your
  client to use the proprietary software instead.

+ That way, they know the answer to every question is &ldquo;no&;rdquo,

+ rather than: &ldquo;yes, but only as long as you &hellip;&rdquo;

# The Technical Gap

+ Understanding GPL well requires a some software expertise &amp; legal
  expertise.

+ You don't have to be a professional on either side to grok it.
     + but you're best off if you're a professional in one &amp; an amateur
       in the other. 

+ Most important technical concepts you need:
     + source code, binaries, methods of distribution.

# Considering Sections of the GPL

+ With the remaining time &hellip;
     + in interest of the experts in the audience &hellip;
     + let's dig into a few specific sections.

+ GPL &hearts; 17 USC&sect;106(2) &amp; 17 USC&sect;106(3)

+ Modification and distribution.

# Why Permission to Modify?

+ Your new copyrights are your copyrights:
     + you are affixing it in a tangible medium.

+ Exclusive right of copyright holders:
     + Control on &ldquo;preparation of derivative works&rdquo;
     + Distribution of the work.
     + Note the combination of these.
     
+ Again, see 17 USC&sect;106

+ N.B.: &ldquo;derivative works&rdquo; is USA-centric, modify is more international)

# Modification As a Center Provision

+ GPL's primary copyright hook is copyright controls on the right to modify.

+ GPL's central tenant:

+ You can make a modified version of various types privately as much as you'd like.

+ When you distribute that modified version, you have requirements to meet.

+ Technological considerations dictate necessity of more complex rules for
certain types of modifications.