Copyleft/guide
6
0
Fork 0
Code Issues Pull requests Projects Releases Packages Wiki Activity Actions

Various improvements to the section on copyright,

Browse source 
in particular including links to the USC.
This commit is contained in:
Bradley M. Kuhn 2014-03-15 13:40:54 -04:00
parent f58d197fe1
commit 1355337088
1 changed files with 48 additions and 36 deletions
Show stats Download patch file Download diff file Expand all files Collapse all files

84
gpl-lgpl.tex
View file

@ -304,48 +304,60 @@ to serve that sub-community.
\section{How Does Software Become Free?} \section{How Does Software Become Free?}
The last section set forth the freedoms and rights respected by Free The previous section set forth key freedoms and rights that are referred to
Software. It presupposed, however, that such software exists. This as ``software freedom''. This section discusses the licensing mechanisms
section discusses how Free Software comes into existence. But first, it used to enable software freedom. These licensing mechanism were ultimately
addresses how software can be non-Free in the first place. created as a community-oriented ``answer'' to the existing proprietary
software licensing mechanisms. Thus, first, consider carefully why
proprietary software exists in the first place.
Software can be made proprietary only because it is governed by copyright Proprietary software exists at all only because it is governed by copyright
law.\footnote{This statement is a bit of an oversimplification. Patents law.\footnote{This statement is admittedly an oversimplification. Patents and
and trade secrets can cover software and make it effectively non-Free, trade secrets can cover software and make it effectively non-Free, and one
one can contract away their rights and freedoms regarding software, or can contract away their rights and freedoms regarding software, or source
source code can be practically obscured in binary-only distribution code can be practically obscured in binary-only distribution without
without reliance on any legal system. However, the primary control reliance on any legal system. However, the primary control mechanism for
mechanism for software is copyright.} Copyright law, with respect to software is copyright, and therefore this section focuses on how copyright
software, governs copying, modifying, and redistributing that restrictions make software proprietary.} Copyright law, with respect to
software.\footnote{Copyright law in general also governs ``public software, typically governs copying, modifying, and redistributing that
performance'' of copyrighted works. There is no generally agreed software (For details of this in the USA, see
definition for public performance of software and both GPLv2 and GPLv3 \href{http://www.copyright.gov/title17/92chap1.html#106}{\S 106} and
do not govern public performance.} By law, the copyright holder (a.k.a. \href{http://www.copyright.gov/title17/92chap1.html#117}{\S 117} found in in
the author) of the work controls how others may copy, modify and/or \href{http://www.law.cornell.edu/uscode/text/17}{Title 17} of the
distribute the work. For proprietary software, these controls are used to \textit{United States Code}).\footnote{Copyright law in general also governs
prohibit these activities. In addition, proprietary software distributors ``public performance'' of copyrighted works. There is no generally agreed
further impede modification in a practical sense by distributing only definition for public performance of software and both GPLv2 and GPLv3 do
binary code and keeping the source code of the software secret. not govern public performance.} By law (in the USA and in most other
jurisdictions), the copyright holder (most typically, the author) of the work controls
how others may copy, modify and/or distribute the work. For proprietary
software, these controls are used to prohibit these activities. In addition,
proprietary software distributors further impede modification in a practical
sense by distributing only binary code and keeping the source code of the
software secret.
Copyright law is a construction. In the USA, the Constitution permits, Copyright is not a natural state, it is a legal construction. In the USA, the
but does not require, the creation of copyright law as federal Constitution permits, but does not require, the creation of copyright law as
legislation. Software, since it is an idea fixed in a tangible medium, is federal legislation. Software, since it is ``an original works of authorship
thus covered by the statues, and is copyrighted by default. fixed in any tangible medium of expression ... from which they can be
perceived, reproduced, or otherwise communicated, either directly or with the
aid of a machine or device'' (as stated in
\href{http://www.law.cornell.edu/uscode/text/17/102}{USC 17 \S 102}), is thus
covered by the statues, and is copyrighted by default.
However, this legal construction is not necessarily natural. Software, in However, software, in its natural state without copyright, is Free
its natural state without copyright, is Free Software. In an imaginary Software. In an imaginary world with no copyright, the rules would be
world with no copyright, the rules would be different. In this different. In this world, when you received a copy of a program's source
world, when you received a copy of a program's source code, there would be code, there would be no default legal system to restrict you from sharing it
no default legal system to restrict you from sharing it with others, with others, making modifications, or redistributing those modified
making modifications, or redistributing those modified
versions.\footnote{There could still exist legal systems, like our modern versions.\footnote{There could still exist legal systems, like our modern
patent system, which could restrict the software in other ways.} patent system, which could restrict the software in other ways, as well as
technical measures, such as binary-only distribution, that impeded such activity.}
Software in the real world is copyrighted by default and is Software in the real world is copyrighted by default and is
automatically covered by that legal system. However, it is possible automatically covered by that legal system. However, it is possible
to move software out of the domain of the copyright system. A to move software out of the domain of the copyright system. A
copyright holder is always permitted to \defn{disclaim} their copyright holder can often \defn{disclaim} their
copyright. If copyright is disclaimed, the software is not governed copyright. If copyright is disclaimed, the software is not governed
by copyright law. Software not governed by copyright is in the by copyright law. Software not governed by copyright is in the
``public domain.'' ``public domain.''