Relevant text from FSF's "GPLv3 Final Discussion Draft Rationale",

as released on 2007-05-31.

I (Bradley M. Kuhn) went through FSF's "Third Discussion Draft Rationale",
and pasted in any sections that seemed useful to this tutorial.  There is a
lot of interesting material in that particular rationale document, although
much of it is probably too verbose for inclusion.  I expect much of this will
need to be cut out.

The raw material used for this commit can be found here:
     http://gplv3.fsf.org/gpl3-dd4-guide.html
Specifically, a copy of the LaTeX sources are here:
     http://gplv3.fsf.org/gpl3-dd4-rationale.tex

As I pasted in this text, I added FIXME's sometimes where it seemed the text
might need work.  However, I was much more extensive in just pasting here, so
there's a big editing job now.  As mentioned in a previous commit, the whole
GPLv3 chapter is now completely disjoint with all this pasting.

Finally, note that this material was originally copyrighted and licensed as
follows:

  Copyright © 2007, Free Software Foundation, Inc.

  Verbatim copying and distribution of this entire article are permitted
  worldwide, without royalty, in any medium, provided this notice is
  preserved.

However, I am hereby relicensing this material to CC-By-SA-4.0, with the
verbal permission from John Sullivan, Executive Director of the FSF, which
was given to me during a conference call on Wednesday 12 February 2014.  I
also confirmed that relicensing permission on IRC with johnsu01 today.
This commit is contained in:
Free Software Foundation 2007-05-31 13:15:01 -04:00 committed by Bradley M. Kuhn
parent f4b4b9f85e
commit 1e928fdbb8

View file

@ -2654,6 +2654,35 @@ We believe that these provisions, taken together, are a minimalist set of
terms sufficient to protect the free software community against the threat of
invasive para-copyright.
Large enterprise users of free software often contract with non-employee
developers, often working offsite, to make modifications intended for
the user's private or internal use, and often arrange with other
companies to operate their data centers. Whether GPLv2 permits these
activities is not clear and may depend on variations in copyright law.
The practices seem basically harmless, so we have decided to make it
clear they are permitted.
GPLv3 now gives an explicit permission for a client to provide a copy of
its modified software to a contractor exclusively for that contractor to
modify it further, or run it, on behalf of the client. However, the
client can only exercise this control over its own copyrighted changes
to the GPL-covered program. The parts of the program it obtained from
other contributors must be provided to the contractor with the usual GPL
freedoms.
This permission is stated in section 2. It permits a user to convey
covered works to contractors operating exclusively on the user's behalf,
under the user's direction and control, and to require the contractors
to keep the user's copyrighted changes confidential, but only if the
contractor is limited to acting on the user's behalf, just as the user's
employees would have to act.
The strict conditions in this provision are needed so that it cannot be
twisted to fit other activities, such as making a program available to
users or customers. By making the limits on this provision very narrow,
we ensure that in all other cases the contractor gets the full freedoms
of the GPL.
\section{GPLv3~\S3: What Hath DMCA Wrought}
\label{GPLv3s3}
@ -2713,6 +2742,11 @@ any private or public parties from invoking DMCA-like laws against
users who escape technical restriction measures implemented by GPL'd
software.
This section shields users from being subjected to liability under
anti-circumvention law for exercising their rights under the GPL, so far as
the GPL can do so. Some readers seem to have assumed that this provision
contains a prohibition on DRM; it does not (no part of GPLv3 forbids DRM).
\section{GPLv3~\S4: Verbatim Copying}
% FIXME: there appear to be minor changes here in later drafts, fix that.
@ -3046,6 +3080,34 @@ not only individual purchasers of User Products but also all
organizational purchasers of those same kinds of products, regardless of
their intended use of the products.
we have replaced the Magnuson-Moss
reference with three sentences that encapsulate the judicial and
administrative principles established over the past three decades in the
United States concerning the Magnuson-Moss consumer product definition.
First, we state that doubtful cases are resolved in favor of coverage
under the definition. Second, we indicate that the words ``normally
used'' in the consumer product definition refer to a typical or common
use of a class of product, and not the status of a particular user or
expected or actual uses by a particular user. Third, we make clear that
the existence of substantial non-consumer uses of a product does not
negate a determination that it is a consumer product, unless such
non-consumer uses represent the only significant mode of use of that
product.
It should be clear from these added sentences that it is the general
mode of use of a product that determines objectively whether or not it
is a consumer product. One could not escape the effects of the User
Products provisions by labeling what is demonstrably a consumer product
in ways that suggest it is ``for professionals,'' for example, contrary
to what some critics of Draft 3 have suggested.
We have made one additional change to the User Products provisions of
section 6. In Draft 3 we made clear that the requirement to provide
Installation Information implies no requirement to provide warranty or
support for a work that has been modified or installed on a User
Product. The Final Draft adds that there is similarly no requirement to
provide warranty or support for the User Product itself.
%FIXME: This probably needs work to be brought into clarity with tutorial,
%next three paragarphs.
@ -3923,6 +3985,35 @@ distributing software under GPLv3 if you make an agreement like the
Microsoft-Novell deal in the future. This will prevent other distributors
from trying to make other deals like it.
The main reason for this is tactical. We believe we can do more to
protect the community by allowing Novell to use software under GPL
version 3 than by forbidding it to do so. This is because of
paragraph 6 of section 11 (corresponding to paragraph 4 in Draft 3).
It will apply, under the Microsoft/Novell deal, because of the coupons
that Microsoft has acquired that essentially commit it to participate
in the distribution of the Novell SLES GNU/Linux system.
Microsoft is scrambling to dispose of as many Novell SLES coupons as
possible prior to the adoption of GPLv3. Unfortunately for Microsoft,
those coupons bear no expiration date, and paragraph 6 has no cut-off
date. Through its ongoing distribution of coupons, Microsoft will
have procured the distribution of GPLv3-covered programs as soon as
they are included in Novell SLES distributions, thereby extending
patent defenses to all downstream recipients of that software by
operation of paragraph 6.
A secondary reason is to avoid affecting other kinds of agreements for
other kinds of activities. We have tried to take care in paragraph 7
to distinguish pernicious deals of the Microsoft/Novell type from
business conduct that is not particularly harmful, but we cannot be
sure we have entirely succeeded. There remains some risk that other
unchangeable past agreements could fall within its scope.
In future deals, distributors engaging in ordinary business practices
can structure the agreements so that they do not fall under paragraph
7. However, it will block Microsoft and other patent aggressors from
further such attempts to subvert parts of our community.
A software patent forbids the use of a technique or algorithm, and its
existence is a threat to all software developers and users. A patent
holder can use a patent to suppress any program which implements the