diff --git a/comprehensive-gpl-guide.tex b/comprehensive-gpl-guide.tex index 69785ab..431ebd0 100644 --- a/comprehensive-gpl-guide.tex +++ b/comprehensive-gpl-guide.tex @@ -55,6 +55,7 @@ \usepackage{hyperref} \usepackage{listings} \usepackage{enumerate} +\usepackage{enumitem} \usepackage[Conny]{fncychap} \usepackage[dvips]{graphicx} \usepackage[verbose, twoside, dvips, diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 9d047b9..339c66e 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -3492,77 +3492,77 @@ pathological case\footnote{Theoretically, a user could collect copyright assignment from all known contributors and then do this, but this would indeed be the pathological case.} would a user have the right to do so. -% FIXME-LATER: It would be good to have detailed info on each of 7a-f. -% Here's some commented-out text that might be useful for 7a-b +In general, the types of additional requirements were those terms in regular +use by other non-copyleft Free Software licenses that the FSF found +unobjectionable. The specific details GPLv3's permitted additional +requirements hat GPLv3 are as follows: +\begin{enumerate}[label=7(\alph*):,ref=GPLv3s7\alph*] -% FIXME-URGENT: integrate +\item This provision allows alternative ``disclaimer of warranty'' + forms. Copyright holders can disclaim warranty or limit liability + differently from the terms as provided under GPLv3\S~\S15--16. Drafters + included this permission to advance the internationalization goals of + GPLv3; international treaties lack adequate harmonization for laws + regarding warranty and disclaimer. -Section 7(a) – Disclaimer of warranty: Copyright holders can disclaim -warranty or limit liability differently from the terms as provided under \S\S15 -\& 16. Internationalization of GPL required the drafters to permit the -variation in such terms necessary to deal with the absence of any -international harmonization of the laws of warranty and disclaimer. +\item This provision allows alternative requirements for preservation of + appropriate legal notices. GPLv3 permits additional requirements regarding + preservation of legal notices, including on output from execution of + covered works. Preserved information can include information about the + origins of the code or alterations of the code. -Section 7(b) – Preservation of appropriate legal notices. Section 7 permits -additional terms requiring preservation of legal notices, including on output -from execution of covered works. +\item This provision allows prohibition of misrepresentation of original + material. The provision yields compatibility with non-copyleft Free + Software licenses that require marking of modified versions in + ``reasonable''ways which differ from GPL's own precise marking + requirements. -Section 7(c) – This provision allows for prohibition of misrepresentation of -original material and makes GPLv3 compatible with permissive licenses that -require modified versions be marked in ``reasonable''ways which are different -from the precise marking requirements of GPL itself. +\item This provision allows limitations on the use of names of licensor for + publicity purposes. This provision also yields additional compatibility + with non-copyleft Free Software licenses that prohibit the use of the + licensor’s name on unmodified versions (or other prohibitions on + advertising rights). The third clause of the + \href{http://opensource.org/licenses/BSD-3-Clause}{3-Clause BSD + License}, for example, long considered de-facto compatible with GPLv2 + anyway, is via this clause unequivocally compatible with GPLv3. However, + \href{https://www.gnu.org/licenses/license-list.html#OriginalBSD}{this + clause \textit{does not} make GPL compatible with the old BSD + advertising clause} that the FSF + \href{https://www.gnu.org/philosophy/bsd.html}{long ago identified as + problematic}. + +\item This provision clarifies that refusal to grant trademark rights for a + GPLv3'd covered work remains compatible with GPLv3. Again, some + non-copyleft permissive licenses include such clauses. -Section 7(d) – Limiting the use of names of licensor for publicity -purposes. This provision was added to provide compatibility with licenses -which prohibit the use of the licensor’s name on unmodified versions and -other prohibitions on advertising rights. The long-standing and occasionally -troublesome incompatibility with the ``BSD advertising clause'' is an example -of the friction removed by this provision. +\item This provision allows indemnification requirements of authors and + licensors. The FSF specifically designed this clause to achieve GPLv3 + compatibility for the + \href{http://www.apache.org/licenses/LICENSE-2.0.html}{Apache Software + License, Version 2.0}. -Section 7(e) – No grant of rights under Trademark Law. This provision serves -a similar function with respect to ``no trademark grant'' clauses in permissive -licenses. +\end{enumerate} -Section 7(f) – allows for requiring of Indemnification of authors and -licensors, removing one of two primary sources of incompatibility with the -Apache Software License version 2.0. -% FIXME-URGENT: end +During the GPLv3 drafting process, some questioned the necessity of GPLv3~\S7; +those critics suggested that it creates complexity that did not previously +exist. However, by the time of GPLv3's drafting, many existing GPLv2'd +software packages already combined with various non-copylefted Free Software +licensed code that carried such additional terms. Therefore, GPLv3~\S7 is +rationalized existing practices of those package authors and modifiers, since +it sets clear guidelines regarding the removal and addition of these +additional terms. With its carefully limited list of allowed additional +requirements, GPLv3\S7 accomplishes additional objectives as well, since it +permits the expansion of the base of code available for GPL developers, while +also encouraging useful experimentation with requirements the GPLv3 does not +include by default. -%% Under subsections 7a and 7b, the requirements may include preservation of -%% copyright notices, information about the origins of the code or alterations -%% of the code, and different warranty disclaimers. Under subsection 7c, the -%% requirements may include limitations on the use of names of contributors and -%% on the use of trademarks for publicity purposes. In general, we permit these -%% requirements in added terms because many free software licenses include them -%% and we consider them to be unobjectionable. Because we support trademark fair -%% use, the limitations on the use of trademarks may seek to enforce only what -%% is required by trademark law, and may not prohibit what would constitute fair -%% use. - -% FIXME-LATER: Say removing additional restrictions - -% FIXME-LATER: This text may be useful later: - -%% Some have questioned whether section 7 is needed, and some have suggested -%% that it creates complexity that did not previously exist. We point out to -%% those readers that there is already GPLv2-licensed code that carries -%% additional terms. One of the objectives of section 7 is to rationalize -%% existing practices of program authors and modifiers by setting clear -%% guidelines regarding the removal and addition of such terms. With its -%% carefully limited list of allowed additional requirements, section 7 -%% accomplishes additional objectives, permitting the expansion of the base of -%% code available for GPL developers, while also encouraging useful -%% experimentation with requirements we do not include in the GPL itself. - -% FIXME-URGENT: integrate - -Any other non-permissive additional terms apart from those stated above are -considered ``further'' restrictions and are prohibited by \S10. If you add any -kind of additional terms in accordance with \S7, you must ensure that the -terms are placed in the relevant source files or provide a conspicuous notice -about where to find the additional terms. -% FIXME-URGENT: end +However, any other non-permissive additional terms apart from those stated +above are considered ``further'' restrictions which +\hyperref[GPLv3s10]{GPLv3~\S10} prohibits. Furthermore, as a compliance +matter, if you add additional terms in accordance with GPLv3~\S7, you must +ensure that the terms are placed in the relevant source files or provide a +conspicuous notice about where to find the additional terms. \section{GPLv3~\S8: A Lighter Termination}