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.
			
			
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							|  | @ -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 | terms sufficient to protect the free software community against the threat of | ||||||
| invasive para-copyright. | 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} | \section{GPLv3~\S3: What Hath DMCA Wrought} | ||||||
| \label{GPLv3s3} | \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 | users who escape technical restriction measures implemented by GPL'd | ||||||
| software. | 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} | \section{GPLv3~\S4: Verbatim Copying} | ||||||
| 
 | 
 | ||||||
| % FIXME: there appear to be minor changes here in later drafts, fix that. | % 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 | organizational purchasers of those same kinds of products, regardless of | ||||||
| their intended use of the products. | 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, | %FIXME: This probably needs work to be brought into clarity with tutorial, | ||||||
| %next three paragarphs. | %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 | Microsoft-Novell deal in the future. This will prevent other distributors | ||||||
| from trying to make other deals like it. | 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 | 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 | existence is a threat to all software developers and users.  A patent | ||||||
| holder can use a patent to suppress any program which implements the | holder can use a patent to suppress any program which implements the | ||||||
|  |  | ||||||
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