* Wrote about GPL Section 6 and minor editing fixes
(section{GPL \S 6: GPL, My One and Only}): Wrote section.
	(section{GPL \S 8: }): Moved to previous chapter.
			
			
This commit is contained in:
		
							parent
							
								
									5a4c6c22a9
								
							
						
					
					
						commit
						34ae4308af
					
				
					 1 changed files with 59 additions and 29 deletions
				
			
		
							
								
								
									
										88
									
								
								gpl-lgpl.tex
									
										
									
									
									
								
							
							
						
						
									
										88
									
								
								gpl-lgpl.tex
									
										
									
									
									
								
							|  | @ -64,10 +64,11 @@ any medium, provided this notice is preserved. | |||
| 
 | ||||
| \begin{abstract} | ||||
| 
 | ||||
| 
 | ||||
| This tutorial gives a section-by-section explanation of the most popular | ||||
| Free Software copyright license, the GNU General Public License (GNU GPL), | ||||
| and teaches software developers, managers and businesspeople how to use | ||||
| the GPL and GPL'ed software successfully in new Free Software business and | ||||
| and teaches software developers, managers and business people how to use | ||||
| the GPL and GPL'ed software successfully in a new Free Software business and | ||||
| in existing, successful enterprises. | ||||
| 
 | ||||
| Attendees should have a general familiarity with software development | ||||
|  | @ -198,7 +199,7 @@ For a program to be Free Software, the freedom to run the program must be | |||
| completely unrestricted.  This means that any use for that software that | ||||
| the user can come up with must be permitted.  Perhaps, for example, the | ||||
| user has discovered an innovative new use for a particular program, one | ||||
| that the programmer never could have predicted.  Such a use much not be | ||||
| that the programmer never could have predicted.  Such a use must not be | ||||
| restricted. | ||||
| 
 | ||||
| It was once rare that this freedom was restricted by even proprietary | ||||
|  | @ -225,7 +226,7 @@ users groups).  This means they must have the freedom to recruit | |||
| programmers who might altruistically assist them to modify their software. | ||||
| 
 | ||||
| The commercial exercise of this freedom is also essential.  Each user, or | ||||
| group of users, must have the right to hire anyone they wish on a | ||||
| group of users, must have the right to hire anyone they wish in a | ||||
| competitive free market to modify and change the software.  This means | ||||
| that companies have a right to hire anyone they wish to modify their Free | ||||
| Software.  Additionally, such companies may contract with other companies | ||||
|  | @ -314,7 +315,7 @@ redistributing that software\footnote{Copyright law in general also | |||
|   governs ``public performance'' of copyrighted works.  There is no | ||||
|   generally agreed definition for public performance of software and | ||||
|   version 2 of the GPL does not govern public performance.}.  By law, the | ||||
| copyright holder (aka the author) of the work controls how others my copy, | ||||
| copyright holder (aka 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 | ||||
|  | @ -365,6 +366,7 @@ expressed permission to take actions governed by copyright law. | |||
| 
 | ||||
| By contrast, what the copyright holder has done is renounce her copyright | ||||
| controls on the work.  The law gave her controls over the work, and she | ||||
| %should the ``she'' be a ``(s)he'' ? | ||||
| has chosen to waive those controls.  Software in the public domain is | ||||
| absent copyright and absent a license.  The software freedoms discussed in | ||||
| Section~\ref{Free Software Definition} are all granted because there is no | ||||
|  | @ -401,7 +403,7 @@ and that work of of defending software freedom is a substantial part of | |||
| its work today.  Specifically because of this ``embrace, proprietarize and | ||||
| extend'' cycle, FSF made a conscious choice to copyright its Free Software, | ||||
| and then license it under ``copyleft'' terms, and many, including the | ||||
| developers of the kernel named Linux has chosen to follow this paradigm. | ||||
| developers of the kernel named Linux have chosen to follow this paradigm. | ||||
| 
 | ||||
| Copyleft is a legal strategy to defend, uphold and propagate software | ||||
| freedom.  The basic technique of copyleft is as follows: copyright the | ||||
|  | @ -482,7 +484,7 @@ Samba altruistically, but also get work doing it.  Priorities change when a | |||
| client is in the mix, but all the code is contributed back to the | ||||
| canonical version.  Meanwhile, many other individuals have gotten involved | ||||
| non-commercially as developers, because they want to ``cut their teeth on | ||||
| Free Software'' or because the problem interest them.  When they get good | ||||
| Free Software'' or because the problems interest them.  When they get good | ||||
| at it, perhaps they will move on to another project or perhaps they will | ||||
| become commercial developers of the software themselves. | ||||
| 
 | ||||
|  | @ -565,7 +567,7 @@ remain free in just this sense.\footnote{This quotation is Copyright | |||
| 
 | ||||
| In essence, lawyers are paid to service the shared commons of legal | ||||
| infrastructure.  Few defend themselves in court or write their own briefs | ||||
| (even though they legally permitted to do so) because everyone would | ||||
| (even though they are legally permitted to do so) because everyone would | ||||
| prefer to have an expert do that job. | ||||
| 
 | ||||
| The Free Software economy is a market that is ripe for experts.  It | ||||
|  | @ -628,7 +630,7 @@ Thus, users are explicitly given the freedom to run by \S 0. | |||
| 
 | ||||
| The bulk of \S 0 not yet discussed gives definitions for other terms used | ||||
| throughout.  The only one worth discussing in detail is ``work based on | ||||
| the Program''.  The reason this definition is particular interesting is | ||||
| the Program''.  The reason this definition is particularly interesting is | ||||
| not for the definition itself, which is rather straightforward, but the | ||||
| because it clears up a common misconception about the GPL\@. | ||||
| 
 | ||||
|  | @ -682,13 +684,13 @@ copies, one may make money.  Redistributors are fully permitted to charge | |||
| for the redistribution of copies of Free Software.  In addition, they may | ||||
| provide the warranty protection that the GPL disclaims as an additional | ||||
| service for a fee.  (See Section~\ref{Business Models} for more discussion | ||||
| on making profit from Free Software redistribution.) | ||||
| on making a profit from Free Software redistribution.) | ||||
| 
 | ||||
| \section{GPL \S 2: Share and Share Alike} | ||||
| 
 | ||||
| Many consider \S 2 the heart and soul of the GPL\@.  For many, this is | ||||
| where the ``magic'' happens that defends software freedom along the | ||||
| distribution chain.  I certainly agree that if GPL has a soul, this is | ||||
| distribution chain.  I certainly agree that if the GPL has a soul, this is | ||||
| where it is.  However, I argue that the heart is in fact contained in \SS | ||||
| 4--5 (see Section~\ref{GPLs4} and~\ref{GPLs5} of this tutorial).  But, for | ||||
| the moment, let us consider the soul. | ||||
|  | @ -734,7 +736,7 @@ share their changes.  On the contrary, \S 2(b) {\bf does not apply if} the | |||
| changes are never distributed.  Indeed, the freedom to make private, | ||||
| personal changes to software that are not shared should be protected and | ||||
| defended\footnote{FSF does maintain that there is an {\bf ethical} | ||||
|   obligation to redistributor changes that are generally useful, and often | ||||
|   obligation to redistribute changes that are generally useful, and often | ||||
|   encourages companies and individuals to do so.  However, there is a | ||||
|   clear distinction between what one {\bf ought} to do and what one {\bf | ||||
|     must} do.}. | ||||
|  | @ -860,21 +862,21 @@ truly GPL'ed. | |||
| Software is a strange beast when compared to other copyrightable works. | ||||
| It is currently impossible to make a film or a book that can be truly | ||||
| obscured.  Ultimately, the full text of a novel must presented to the | ||||
| reader as words in some human-readable language so that they can enjoy the | ||||
| work.  A film, even one directed by David Lynch, must be perceptible by | ||||
| reader as words in some human-readable langauge so that they can enjoy the | ||||
| work.  A film, even one directed by David Lynch, must be perceptable by | ||||
| human eyes and ears to have any value. | ||||
| 
 | ||||
| Software is not so.  While the source code, the human-readable | ||||
| Software is not so.  While the source code, the human-readible | ||||
| representation of software is of keen interest to programmers, users and | ||||
| programmers alike cannot make the proper use of software in that | ||||
| human-readable form.  Binary code --- the ones and zeros that the computer | ||||
| can understand --- must be producible and attainable for the software to | ||||
| human-readible form.  Binary code --- the ones and zeros that the computer | ||||
| can understand --- must be producable and attainable for the software to | ||||
| be fully useful.  Without the binaries, be they in object or executable | ||||
| form, the software serves only the didactic purposes of computer science. | ||||
| form, the software serves only the diadactic purposes of computer science. | ||||
| 
 | ||||
| Under copyright law, binary representations of the software are simply | ||||
| derivative works of the source code.  Applying a systematic process (i.e., | ||||
| ``compilation'') to a work of source code yields binary code.  The binary | ||||
| ``compilation'') to a work of source code yeilds binary code.  The binary | ||||
| code is now a new work of expression fixed in the tangible medium of | ||||
| electronic file storage. | ||||
| 
 | ||||
|  | @ -892,7 +894,7 @@ of \S\S 1--2, so all the material previously discussed applies here. | |||
| However, \S 3 must go a bit further.  Access to the software's source code | ||||
| is an incontestable prerequisite for the exercise of the fundamental | ||||
| freedoms to modify and improve the software.  Making even the most trivial | ||||
| changes to a software program at the binary level is effectively | ||||
| changes to a software program at the binary level is effecitvely | ||||
| impossible.  \S 3 must ensure that the binaries are never distributed | ||||
| without the source code, so that these freedoms are ensured to be passed | ||||
| along the distribution chain. | ||||
|  | @ -1159,21 +1161,49 @@ freedom. | |||
| \section{GPL \S 6: GPL, My One and Only} | ||||
| \label{GPLs6} | ||||
| 
 | ||||
| Under copyright law, the GPL has granted various rights and freedoms to | ||||
| the licensee to perform acts of copying, modification, and redistribution | ||||
| that would otherwise have been prohibited by default.  Since, barring | ||||
| special permission from the copyright holder, the GPL is a licensee's one | ||||
| and only license to the software (thanks to \S 6), | ||||
| A point that was glossed over in Section~\ref{GPLs4}'s discussion of \S 4 | ||||
| was the irrevocable nature of the GPL\@.  The GPL is indeed irrevocable, | ||||
| and it is made so formally \S 6. | ||||
| 
 | ||||
| \section{GPL \S 7: ``Give My Software Liberty of Give It Death!''} | ||||
| The first sentence in \S 6 ensures that as software propagates down the | ||||
| distribution chain, that each licensor can pass along the license to each | ||||
| new licensee.  Under \S 6, the act of distributing automatically grants a | ||||
| license from the original licensor to the next recipient.  This creates a | ||||
| chain of grants that ensure that everyone in the distribution has rights | ||||
| under the GPL\@.  In a mathematical sense, this bounds the bottom --- | ||||
| making sure that future licensees get no fewer rights than than the | ||||
| licensee before. | ||||
| 
 | ||||
| The second sentence of \S 6 does the opposite; it bounds from the top.  It | ||||
| prohibits any licensor along the distribution chain from placing | ||||
| additional restrictions on the user.  In other words, no additional | ||||
| requirements may trump the rights and freedoms given by GPL\@. | ||||
| 
 | ||||
| The final sentence of \S 6 makes it abundantly clear that no individual | ||||
| entity in the distribution chain is responsible for the compliance of any | ||||
| other.  This is particularly important for non-commercial users who have | ||||
| passed along a source offer under \S 3(c), as they cannot be assured that | ||||
| the issuer of the offer will honor their \S 3 obligations. | ||||
| 
 | ||||
| In short, \S 6 says that your license for the software is your one and | ||||
| only copyright license allowing you to copy, modify and distribute the | ||||
| software. | ||||
| 
 | ||||
| \section{GPL \S 7: ``Give Software Liberty of Give It Death!''} | ||||
| \label{GPLs7} | ||||
| 
 | ||||
| In essence, \S 7 is a verbosely worded way of saying for non-copyright | ||||
| systems what \S 6 says for copyright.  If there exists any reason that a | ||||
| distributor knows of that would prohibit those who would later receive | ||||
| the software from the distribution | ||||
| 
 | ||||
| \section{GPL \S 8: Finding Freedonia} | ||||
| \label{GPLs8} | ||||
| 
 | ||||
| 
 | ||||
| %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% | ||||
| \chapter{Odds, Ends, and Absolutely No Warranty} | ||||
| 
 | ||||
| \section{GPL \S 8} | ||||
| \label{GPLs8} | ||||
| 
 | ||||
| \section{GPL \S 9} | ||||
| \label{GPLs9} | ||||
| 
 | ||||
|  |  | |||
		Loading…
	
	Add table
		
		Reference in a new issue
	
	 Bradley M. Kuhn
						Bradley M. Kuhn