Merge branch 'cle-edits', which brings in Donald's copy-edit changes.
There were minor conflicts in gpl-lgpl.tex.
This commit is contained in:
		
						commit
						3ed7c26e43
					
				
					 3 changed files with 518 additions and 105 deletions
				
			
		| 
						 | 
					@ -807,7 +807,7 @@ once you open the channels of communication in a friendly way.
 | 
				
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 | 
					
 | 
				
			||||||
\section{Termination}
 | 
					\section{Termination}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Many redistributors overlook GPL's termination provision (GPLv2~\S~4 and
 | 
					Many redistributors overlook the GPL's termination provision (GPLv2~\S~4 and
 | 
				
			||||||
GPLv3~\S~8).  Under v2, violators forfeit their rights to redistribute and
 | 
					GPLv3~\S~8).  Under v2, violators forfeit their rights to redistribute and
 | 
				
			||||||
modify the GPL'd software until those rights are explicitly reinstated by
 | 
					modify the GPL'd software until those rights are explicitly reinstated by
 | 
				
			||||||
the copyright holder.  In contrast, v3 allows violators to rapidly resolve
 | 
					the copyright holder.  In contrast, v3 allows violators to rapidly resolve
 | 
				
			||||||
| 
						 | 
					@ -880,12 +880,12 @@ copyright holders often require.
 | 
				
			||||||
  often want a company to demonstrate compliance for all GPL'd software in
 | 
					  often want a company to demonstrate compliance for all GPL'd software in
 | 
				
			||||||
  a distribution, not just their own.  A copyright holder may refuse to
 | 
					  a distribution, not just their own.  A copyright holder may refuse to
 | 
				
			||||||
  reinstate your right to distribute one program unless and until you
 | 
					  reinstate your right to distribute one program unless and until you
 | 
				
			||||||
  comply with the licenses of all Open Source and Free Software in your distribution.
 | 
					  comply with the licenses of all Free Software in your distribution.
 | 
				
			||||||
 
 | 
					 
 | 
				
			||||||
\item {\bf Notification to past recipients}.  Users to whom you previously
 | 
					\item {\bf Notification to past recipients}.  Users to whom you previously
 | 
				
			||||||
  distributed non-compliant software should receive a communication
 | 
					  distributed non-compliant software should receive a communication
 | 
				
			||||||
  (email, letter, bill insert, etc.) indicating the violation, describing
 | 
					  (email, letter, bill insert, etc.) indicating the violation, describing
 | 
				
			||||||
  their rights under GPL, and informing them how to obtain a gratis source
 | 
					  their rights under the GPL, and informing them how to obtain a gratis source
 | 
				
			||||||
  distribution.  If a customer list does not exist (such as in reseller
 | 
					  distribution.  If a customer list does not exist (such as in reseller
 | 
				
			||||||
  situations), an alternative form of notice may be required (such as a
 | 
					  situations), an alternative form of notice may be required (such as a
 | 
				
			||||||
  magazine advertisement).
 | 
					  magazine advertisement).
 | 
				
			||||||
| 
						 | 
					@ -893,7 +893,7 @@ copyright holders often require.
 | 
				
			||||||
\item {\bf Appointment of a GPL Compliance Officer.}  The software freedom community
 | 
					\item {\bf Appointment of a GPL Compliance Officer.}  The software freedom community
 | 
				
			||||||
  values personal accountability when things go wrong.  Copyright holders
 | 
					  values personal accountability when things go wrong.  Copyright holders
 | 
				
			||||||
  often require that you name someone within the violating company
 | 
					  often require that you name someone within the violating company
 | 
				
			||||||
  officially responsible for Open Source and Free Software license compliance, and that this
 | 
					  officially responsible for Free Software license compliance, and that this
 | 
				
			||||||
  individual serve as the key public contact for the community when
 | 
					  individual serve as the key public contact for the community when
 | 
				
			||||||
  compliance concerns arise.
 | 
					  compliance concerns arise.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					
 | 
				
			||||||
							
								
								
									
										193
									
								
								gpl-lgpl.tex
									
										
									
									
									
								
							
							
						
						
									
										193
									
								
								gpl-lgpl.tex
									
										
									
									
									
								
							| 
						 | 
					@ -76,7 +76,7 @@ the GPL (and GPL'd software) successfully both as a community-building
 | 
				
			||||||
software into a new Free Software business and in existing, successful
 | 
					software into a new Free Software business and in existing, successful
 | 
				
			||||||
enterprises.
 | 
					enterprises.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
To successfully benefit of from this part of the tutorial, readers should
 | 
					To successfully benefit from this part of the tutorial, readers should
 | 
				
			||||||
have a general familiarity with software development processes.  A basic
 | 
					have a general familiarity with software development processes.  A basic
 | 
				
			||||||
understanding of how copyright law applies to software is also helpful.  The
 | 
					understanding of how copyright law applies to software is also helpful.  The
 | 
				
			||||||
tutorial is of most interest to lawyers, software developers and managers who
 | 
					tutorial is of most interest to lawyers, software developers and managers who
 | 
				
			||||||
| 
						 | 
					@ -330,7 +330,7 @@ to serve that sub-community.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
The previous section set forth key freedoms and rights that are referred to
 | 
					The previous section set forth key freedoms and rights that are referred to
 | 
				
			||||||
as ``software freedom''.  This section discusses the licensing mechanisms
 | 
					as ``software freedom''.  This section discusses the licensing mechanisms
 | 
				
			||||||
used to enable software freedom.  These licensing mechanism were ultimately
 | 
					used to enable software freedom.  These licensing mechanisms were ultimately
 | 
				
			||||||
created as a community-oriented ``answer'' to the existing proprietary
 | 
					created as a community-oriented ``answer'' to the existing proprietary
 | 
				
			||||||
software licensing mechanisms.  Thus, first, consider carefully why
 | 
					software licensing mechanisms.  Thus, first, consider carefully why
 | 
				
			||||||
proprietary software exists in the first place.
 | 
					proprietary software exists in the first place.
 | 
				
			||||||
| 
						 | 
					@ -361,7 +361,7 @@ software secret.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Copyright is not a natural state, it is a legal construction. In the USA, the
 | 
					Copyright is not a natural state, it is a legal construction. In the USA, the
 | 
				
			||||||
Constitution permits, but does not require, the creation of copyright law as
 | 
					Constitution permits, but does not require, the creation of copyright law as
 | 
				
			||||||
federal legislation.  Software, since it is ``an original works of authorship
 | 
					federal legislation.  Software, since it is an ``original work of authorship
 | 
				
			||||||
fixed in any tangible medium of expression ...  from which they can be
 | 
					fixed in any tangible medium of expression ...  from which they can be
 | 
				
			||||||
perceived, reproduced, or otherwise communicated, either directly or with the
 | 
					perceived, reproduced, or otherwise communicated, either directly or with the
 | 
				
			||||||
aid of a machine or device'' (as stated in
 | 
					aid of a machine or device'' (as stated in
 | 
				
			||||||
| 
						 | 
					@ -394,7 +394,7 @@ automatically by the author when she fixes the software in a tangible
 | 
				
			||||||
medium.  In the software world, this usually means typing the source code
 | 
					medium.  In the software world, this usually means typing the source code
 | 
				
			||||||
of the software into a file.
 | 
					of the software into a file.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Imagine if authors could truly disclaim those default control of copyright
 | 
					Imagine if authors could truly disclaim those default controls of copyright
 | 
				
			||||||
law.  If so, the software is in the public domain --- no longer covered by
 | 
					law.  If so, the software is in the public domain --- no longer covered by
 | 
				
			||||||
copyright.  Since copyright law is the construction allowing for most
 | 
					copyright.  Since copyright law is the construction allowing for most
 | 
				
			||||||
restrictions on software (i.e., prohibition of copying, modification, and
 | 
					restrictions on software (i.e., prohibition of copying, modification, and
 | 
				
			||||||
| 
						 | 
					@ -544,7 +544,7 @@ Generally speaking, copyright law operates similarly enough in countries that
 | 
				
			||||||
have signed the Berne Convention on Copyright, and software freedom licenses
 | 
					have signed the Berne Convention on Copyright, and software freedom licenses
 | 
				
			||||||
have generally taken advantage of this international standardization of
 | 
					have generally taken advantage of this international standardization of
 | 
				
			||||||
copyright law.  However, copyright law does differ from country to country,
 | 
					copyright law.  However, copyright law does differ from country to country,
 | 
				
			||||||
and commonly, software freedom licenses like GPL must be considered under the
 | 
					and commonly, software freedom licenses like the GPL must be considered under the
 | 
				
			||||||
copyright law in the jurisdiction where any licensing dispute occurs.
 | 
					copyright law in the jurisdiction where any licensing dispute occurs.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Those who are most familiar with the USA's system of copyright often are
 | 
					Those who are most familiar with the USA's system of copyright often are
 | 
				
			||||||
| 
						 | 
					@ -565,7 +565,7 @@ introduced the idea of \textit{copyleft}: a licensing mechanism to use
 | 
				
			||||||
copyright to not only grant software freedom to users, but also to uphold
 | 
					copyright to not only grant software freedom to users, but also to uphold
 | 
				
			||||||
those rights against those who might seek to curtail them.
 | 
					those rights against those who might seek to curtail them.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Copyleft, as defined in \S~\ref{copyleft-definition}, is a general term this
 | 
					Copyleft, as defined in \S~\ref{copyleft-definition}, is a general term for this
 | 
				
			||||||
mechanism.  The remainder of this text will discuss details of various
 | 
					mechanism.  The remainder of this text will discuss details of various
 | 
				
			||||||
real-world implementations of copyleft -- most notably, the GPL\@.
 | 
					real-world implementations of copyleft -- most notably, the GPL\@.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -574,7 +574,7 @@ able to do in software development communities.  After that brief discussion
 | 
				
			||||||
in this section, deeper discussion of how GPL accomplishes this in practice
 | 
					in this section, deeper discussion of how GPL accomplishes this in practice
 | 
				
			||||||
follows in the next chapter.
 | 
					follows in the next chapter.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Simply put, though, the GPL ultimately creates an community of equality for
 | 
					Simply put, though, the GPL ultimately creates a community of equality for
 | 
				
			||||||
both business and noncommercial users.
 | 
					both business and noncommercial users.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\subsection{The Noncommercial Community}
 | 
					\subsection{The Noncommercial Community}
 | 
				
			||||||
| 
						 | 
					@ -593,7 +593,7 @@ commons.  Users can trust the developers, because they know that if the
 | 
				
			||||||
developers fail to address their needs or abandon the project, the GPL
 | 
					developers fail to address their needs or abandon the project, the GPL
 | 
				
			||||||
ensures that someone else has the right to pick up development.
 | 
					ensures that someone else has the right to pick up development.
 | 
				
			||||||
Developers know that the users cannot redistribute their software without
 | 
					Developers know that the users cannot redistribute their software without
 | 
				
			||||||
passing along the rights granted by GPL, so they are assured that every
 | 
					passing along the rights granted by the GPL, so they are assured that every
 | 
				
			||||||
one of their users is treated equally.
 | 
					one of their users is treated equally.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Because of the symmetry and fairness inherent in GPL'd distribution,
 | 
					Because of the symmetry and fairness inherent in GPL'd distribution,
 | 
				
			||||||
| 
						 | 
					@ -627,7 +627,7 @@ that because of the nature of the GPL that improvements that were
 | 
				
			||||||
distributed in the commercial environment could easily be folded back into
 | 
					distributed in the commercial environment could easily be folded back into
 | 
				
			||||||
the standard version.  Companies are not permitted to proprietarize
 | 
					the standard version.  Companies are not permitted to proprietarize
 | 
				
			||||||
Samba, so the noncommercial users, and even other commercial users are
 | 
					Samba, so the noncommercial users, and even other commercial users are
 | 
				
			||||||
safe in the knowledge that the software freedom ensured by GPL will remain
 | 
					safe in the knowledge that the software freedom ensured by the GPL will remain
 | 
				
			||||||
protected.
 | 
					protected.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Commercial developers also work in concert with noncommercial
 | 
					Commercial developers also work in concert with noncommercial
 | 
				
			||||||
| 
						 | 
					@ -903,7 +903,7 @@ GPLv3 and its terms are discussed in detail in Chapter\~ref{GPLv3}.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\section{The Innovation of Optional ``Or Any Later'' Version}
 | 
					\section{The Innovation of Optional ``Or Any Later'' Version}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
An interesting fact of all GPL licenses is that the are ultimate multiple
 | 
					An interesting fact of all GPL licenses is that there are ultimately multiple
 | 
				
			||||||
choices for use of the license.  The FSF is the primary steward of GPL (as
 | 
					choices for use of the license.  The FSF is the primary steward of GPL (as
 | 
				
			||||||
discussed later in \S~\ref{GPLv2s9} and \S~\ref{GPLv3s14}).  However, those
 | 
					discussed later in \S~\ref{GPLv2s9} and \S~\ref{GPLv3s14}).  However, those
 | 
				
			||||||
who wish to license works under GPL are not required to automatically accept
 | 
					who wish to license works under GPL are not required to automatically accept
 | 
				
			||||||
| 
						 | 
					@ -917,11 +917,11 @@ Each licensor may chose three different methods of licensing, as follows:
 | 
				
			||||||
  indicated in shorthand by saying the license is ``GPLv$X$-only''), or
 | 
					  indicated in shorthand by saying the license is ``GPLv$X$-only''), or
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\item name no version of the GPL, thus they allow their downstream recipients
 | 
					\item name no version of the GPL, thus they allow their downstream recipients
 | 
				
			||||||
  to select any version of the GPL they chose (usually indicated in shorthand
 | 
					  to select any version of the GPL they choose (usually indicated in shorthand
 | 
				
			||||||
  by saying the license is simply ``GPL''), or
 | 
					  by saying the license is simply ``GPL''), or
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\item name a specific version of GPL and give downstream recipients the
 | 
					\item name a specific version of GPL and give downstream recipients the
 | 
				
			||||||
  option to chose that version ``or any later version as published by the
 | 
					  option to choose that version ``or any later version as published by the
 | 
				
			||||||
  FSF'' (usually indicated by saying the license is
 | 
					  FSF'' (usually indicated by saying the license is
 | 
				
			||||||
  ``GPLv$X$-or-later'')\footnote{The shorthand of ``GPL$X+$'' is also popular
 | 
					  ``GPLv$X$-or-later'')\footnote{The shorthand of ``GPL$X+$'' is also popular
 | 
				
			||||||
    for this situation.  The authors of this tutorial prefer ``-or-later''
 | 
					    for this situation.  The authors of this tutorial prefer ``-or-later''
 | 
				
			||||||
| 
						 | 
					@ -952,7 +952,7 @@ to use any version of those licenses to automatically accept and relicense
 | 
				
			||||||
their copyrighted works under new versions.  Of course ,Creative Commons, the
 | 
					their copyrighted works under new versions.  Of course ,Creative Commons, the
 | 
				
			||||||
Eclipse Foundation, and the Mozilla Foundation (like the FSF) have generally
 | 
					Eclipse Foundation, and the Mozilla Foundation (like the FSF) have generally
 | 
				
			||||||
served as excellent stewards of their licenses.  Copyright holders using
 | 
					served as excellent stewards of their licenses.  Copyright holders using
 | 
				
			||||||
those licenses seems to find it acceptable that to fully delegate all future
 | 
					those licenses seems to find it acceptable to fully delegate all future
 | 
				
			||||||
licensing decisions for their copyrights to these organizations without a
 | 
					licensing decisions for their copyrights to these organizations without a
 | 
				
			||||||
second thought.
 | 
					second thought.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -979,14 +979,12 @@ increase adoption by for-profit companies --- GPLv2 remains a widely used and
 | 
				
			||||||
extremely popular license.  The GPLv2 is, no doubt, a good and useful
 | 
					extremely popular license.  The GPLv2 is, no doubt, a good and useful
 | 
				
			||||||
license.
 | 
					license.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
However, unlike GPLv1, which (as pointed out in \S~\ref{GPLv1}), which is
 | 
					However, unlike GPLv1 before it,
 | 
				
			||||||
completely out of use by the mid-1990s.  However, unlike GPLv1 before it,
 | 
					GPLv2 remains an integral part of the copyleft licensing infrastructure.  As such, those who seek to have expertise in current
 | 
				
			||||||
GPLv2 remains a integral part of the copyleft licensing infrastructure for
 | 
					 | 
				
			||||||
some time to come.  As such, those who seek to have expertise in current
 | 
					 | 
				
			||||||
topics of copyleft licensing need to study both the GPLv2 and GPLv3 family of
 | 
					topics of copyleft licensing need to study both the GPLv2 and GPLv3 family of
 | 
				
			||||||
licenses.
 | 
					licenses.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Furthermore, GPLv3 can is more easily understood by first studying GPLv2.
 | 
					Furthermore, GPLv3 is more easily understood by first studying GPLv2.
 | 
				
			||||||
This is not only because of their chronological order, but also because much
 | 
					This is not only because of their chronological order, but also because much
 | 
				
			||||||
of the discussion material available for GPLv3 tends to talk about GPLv3 in
 | 
					of the discussion material available for GPLv3 tends to talk about GPLv3 in
 | 
				
			||||||
contrast to GPLv2.  As such, a strong understanding of GPLv2 helps in
 | 
					contrast to GPLv2.  As such, a strong understanding of GPLv2 helps in
 | 
				
			||||||
| 
						 | 
					@ -1006,7 +1004,7 @@ simplest rights that the user receives.
 | 
				
			||||||
\section{GPLv2~\S0: Freedom to Run}
 | 
					\section{GPLv2~\S0: Freedom to Run}
 | 
				
			||||||
\label{GPLv2s0}
 | 
					\label{GPLv2s0}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
GPLv2~\S0, the opening section of GPLv2, sets forth that the copyright law governs
 | 
					GPLv2~\S0, the opening section of GPLv2, sets forth that copyright law governs
 | 
				
			||||||
the work.  It specifically points out that it is the ``copyright
 | 
					the work.  It specifically points out that it is the ``copyright
 | 
				
			||||||
holder'' who decides if a work is licensed under its terms and explains
 | 
					holder'' who decides if a work is licensed under its terms and explains
 | 
				
			||||||
how the copyright holder might indicate this fact.
 | 
					how the copyright holder might indicate this fact.
 | 
				
			||||||
| 
						 | 
					@ -1027,11 +1025,11 @@ to fair and unregulated uses.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Fair use (called ``fair dealing'' in some jurisdictions) of copyrighted
 | 
					Fair use (called ``fair dealing'' in some jurisdictions) of copyrighted
 | 
				
			||||||
material is an established legal doctrine that permits certain activities
 | 
					material is an established legal doctrine that permits certain activities
 | 
				
			||||||
regardless of whether copyright law would other restrict those activities.
 | 
					regardless of whether copyright law would otherwise restrict those activities.
 | 
				
			||||||
Discussion of the various types of fair use activity are beyond the scope of
 | 
					Discussion of the various types of fair use activity are beyond the scope of
 | 
				
			||||||
this tutorial.  However, one important example of fair use is the right to
 | 
					this tutorial.  However, one important example of fair use is the right to
 | 
				
			||||||
quote portions of the text in larger work so as to criticize or suggest
 | 
					quote portions of the text in a larger work so as to criticize or suggest
 | 
				
			||||||
changes.  This fair use rights is commonly used on mailing lists when
 | 
					changes.  This fair use right is commonly used on mailing lists when
 | 
				
			||||||
discussing potential improvements or changes to Free Software.
 | 
					discussing potential improvements or changes to Free Software.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Fair use is a doctrine established by the courts or by statute.  By
 | 
					Fair use is a doctrine established by the courts or by statute.  By
 | 
				
			||||||
| 
						 | 
					@ -1040,7 +1038,7 @@ nor determined by a court to be covered, but are common and enjoyed by
 | 
				
			||||||
many users.  An example of unregulated use is reading a printout of the
 | 
					many users.  An example of unregulated use is reading a printout of the
 | 
				
			||||||
program's source code like an instruction book for the purpose of learning
 | 
					program's source code like an instruction book for the purpose of learning
 | 
				
			||||||
how to be a better programmer.  The right to read something that you have
 | 
					how to be a better programmer.  The right to read something that you have
 | 
				
			||||||
access is and should remain unregulated and unrestricted.
 | 
					access to is and should remain unregulated and unrestricted.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\medskip
 | 
					\medskip
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -1101,14 +1099,14 @@ Also mentioned by name is the warranty disclaimer. Most people today do
 | 
				
			||||||
not believe that software comes with any warranty.  Notwithstanding the
 | 
					not believe that software comes with any warranty.  Notwithstanding the
 | 
				
			||||||
\href{http://mlis.state.md.us/2000rs/billfile/hb0019.htm}{Maryland's} and \href{http://leg1.state.va.us/cgi-bin/legp504.exe?001+ful+SB372ER}{Virginia's} UCITA bills, there are few or no implied warranties with software.
 | 
					\href{http://mlis.state.md.us/2000rs/billfile/hb0019.htm}{Maryland's} and \href{http://leg1.state.va.us/cgi-bin/legp504.exe?001+ful+SB372ER}{Virginia's} UCITA bills, there are few or no implied warranties with software.
 | 
				
			||||||
However, just to be on the safe side, GPL clearly disclaims them, and the
 | 
					However, just to be on the safe side, GPL clearly disclaims them, and the
 | 
				
			||||||
GPL requires re distributors to keep the disclaimer very visible. (See
 | 
					GPL requires re-distributors to keep the disclaimer very visible. (See
 | 
				
			||||||
Sections~\ref{GPLv2s11} and~\ref{GPLv2s12} of this tutorial for more on GPL's
 | 
					Sections~\ref{GPLv2s11} and~\ref{GPLv2s12} of this tutorial for more on GPL's
 | 
				
			||||||
warranty disclaimers.)
 | 
					warranty disclaimers.)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Note finally that GPLv2~\S1 creates groundwork for the important defense of
 | 
					Note finally that GPLv2~\S1 creates groundwork for the important defense of
 | 
				
			||||||
commercial freedom.  GPLv2~\S1 clearly states that in the case of verbatim
 | 
					commercial freedom.  GPLv2~\S1 clearly states that in the case of verbatim
 | 
				
			||||||
copies, one may make money.  Re distributors are fully permitted to charge
 | 
					copies, one may make money.  Re-distributors are fully permitted to charge
 | 
				
			||||||
for the redistribution of copies of Free Software. In addition, they may
 | 
					for the re-distribution of copies of Free Software. In addition, they may
 | 
				
			||||||
provide the warranty protection that the GPL disclaims as an additional
 | 
					provide the warranty protection that the GPL disclaims as an additional
 | 
				
			||||||
service for a fee. (See Section~\ref{Business Models} for more discussion
 | 
					service for a fee. (See Section~\ref{Business Models} for more discussion
 | 
				
			||||||
on making a profit from Free Software redistribution.)
 | 
					on making a profit from Free Software redistribution.)
 | 
				
			||||||
| 
						 | 
					@ -1120,7 +1118,7 @@ on making a profit from Free Software redistribution.)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
We digress for this chapter from our discussion of GPL's exact text to
 | 
					We digress for this chapter from our discussion of GPL's exact text to
 | 
				
			||||||
consider the matter of derivative works --- a concept that we must
 | 
					consider the matter of derivative works --- a concept that we must
 | 
				
			||||||
understand fully before considering GPLv2~\S\S2--3\@. GPL, and Free
 | 
					understand fully before considering GPLv2~\S\S2--3\@. The GPL, and Free
 | 
				
			||||||
Software licensing in general, relies critically on the concept of
 | 
					Software licensing in general, relies critically on the concept of
 | 
				
			||||||
``derivative work'' since software that is ``independent,'' (i.e., not
 | 
					``derivative work'' since software that is ``independent,'' (i.e., not
 | 
				
			||||||
``derivative'') of Free Software need not abide by the terms of the
 | 
					``derivative'') of Free Software need not abide by the terms of the
 | 
				
			||||||
| 
						 | 
					@ -1414,7 +1412,7 @@ program, Oscar. About 30\% of Oscar was literally the same code as
 | 
				
			||||||
that in Adapter. After the suit began, the defendant rewrote those
 | 
					that in Adapter. After the suit began, the defendant rewrote those
 | 
				
			||||||
portions of Oscar that contained Adapter code in order to produce a new
 | 
					portions of Oscar that contained Adapter code in order to produce a new
 | 
				
			||||||
version of Oscar that was functionally competitive with Adapter, without
 | 
					version of Oscar that was functionally competitive with Adapter, without
 | 
				
			||||||
have any literal copies of its code. Feeling slighted still, the
 | 
					having any literal copies of its code. Feeling slighted still, the
 | 
				
			||||||
plaintiff alleged that even the second version of Oscar, despite having no
 | 
					plaintiff alleged that even the second version of Oscar, despite having no
 | 
				
			||||||
literally copied code, also infringed its copyrights. In addressing that
 | 
					literally copied code, also infringed its copyrights. In addressing that
 | 
				
			||||||
question, the Second Circuit promulgated the AFC test.
 | 
					question, the Second Circuit promulgated the AFC test.
 | 
				
			||||||
| 
						 | 
					@ -1503,11 +1501,11 @@ can be a source of great confusion when not properly understood.
 | 
				
			||||||
In considering GPLv2~\S2(b), first note the qualifier: it \textit{only} applies to
 | 
					In considering GPLv2~\S2(b), first note the qualifier: it \textit{only} applies to
 | 
				
			||||||
derivative works that ``you distribute or publish''.  Despite years of
 | 
					derivative works that ``you distribute or publish''.  Despite years of
 | 
				
			||||||
education efforts on this matter, many still believe that modifiers
 | 
					education efforts on this matter, many still believe that modifiers
 | 
				
			||||||
of GPL'd software \textit{must} to publish or otherwise
 | 
					of GPL'd software \textit{must} publish or otherwise
 | 
				
			||||||
share their changes.  On the contrary, GPLv2~\S2(b) {\bf does not apply if} the
 | 
					share their changes.  On the contrary, GPLv2~\S2(b) {\bf does not apply if} the
 | 
				
			||||||
changes are never distributed.  Indeed, the freedom to make private,
 | 
					changes are never distributed.  Indeed, the freedom to make private,
 | 
				
			||||||
personal, unshared changes to software for personal use only should be
 | 
					personal, unshared changes to software for personal use only should be
 | 
				
			||||||
protected and defended.\footnote{Most Free Software enthusiasts believe there is an {\bf
 | 
					protected and defended.\footnote{Most Free Software enthusiasts believe there is a {\bf
 | 
				
			||||||
    moral} obligation to redistribute changes that are generally useful,
 | 
					    moral} obligation to redistribute changes that are generally useful,
 | 
				
			||||||
  and they often encourage companies and individuals to do so.  However, there
 | 
					  and they often encourage companies and individuals to do so.  However, there
 | 
				
			||||||
  is a clear distinction between what one {\bf ought} to do and what one
 | 
					  is a clear distinction between what one {\bf ought} to do and what one
 | 
				
			||||||
| 
						 | 
					@ -1569,20 +1567,20 @@ holder of \workg{}. (Imagine, for a moment, if \workg{} were a proprietary
 | 
				
			||||||
product --- would its copyright holders  give you permission to create and distribute
 | 
					product --- would its copyright holders  give you permission to create and distribute
 | 
				
			||||||
\gplusi{} without paying them a hefty sum?)  The license of \workg{}, the
 | 
					\gplusi{} without paying them a hefty sum?)  The license of \workg{}, the
 | 
				
			||||||
GPL, states the  options for the copyright holder of \worki{}
 | 
					GPL, states the  options for the copyright holder of \worki{}
 | 
				
			||||||
who may want to create and distribute \gplusi{}.  GPL's pre-granted
 | 
					who may want to create and distribute \gplusi{}. The  GPL's pre-granted
 | 
				
			||||||
permission to create and distribute derivative works, provided the terms
 | 
					permission to create and distribute derivative works, provided the terms
 | 
				
			||||||
of GPL are upheld, goes far above and beyond the permissions that one
 | 
					of the GPL are upheld, goes far above and beyond the permissions that one
 | 
				
			||||||
would get with a typical work not covered by a copyleft license.  (Thus, to
 | 
					would get with a typical work not covered by a copyleft license.  (Thus, to
 | 
				
			||||||
say that this restriction is any way unreasonable is simply ludicrous.)
 | 
					say that this condition is any way unreasonable is simply ludicrous.)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\medskip
 | 
					\medskip
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\label{GPLv2s2-at-no-charge}
 | 
					\label{GPLv2s2-at-no-charge}
 | 
				
			||||||
The next phrase of note in GPLv2~\S2(b) is ``licensed \ldots at no charge.''
 | 
					The next phrase of note in GPLv2~\S2(b) is ``licensed \ldots at no charge.''
 | 
				
			||||||
This phrase  confuses many.  The sloppy reader points out this as ``a
 | 
					This phrase  confuses many.  The sloppy reader points out this as ``a
 | 
				
			||||||
contradiction in GPL'' because (in their confused view) that clause of GPLv2~\S2 says that redistributors cannot
 | 
					contradiction in GPL'' because (in their confused view) that clause of GPLv2~\S2 says that re-distributors cannot
 | 
				
			||||||
charge for modified versions of GPL'd software, but GPLv2~\S1 says that
 | 
					charge for modified versions of GPL'd software, but GPLv2~\S1 says that
 | 
				
			||||||
they can.  Avoid this confusion: the ``at no charge'' \textbf{does not} prohibit redistributors from
 | 
					they can.  Avoid this confusion: the ``at no charge'' \textbf{does not} prohibit re-distributors from
 | 
				
			||||||
charging when performing the acts governed by copyright
 | 
					charging when performing the acts governed by copyright
 | 
				
			||||||
law,\footnote{Recall that you could by default charge for any acts not
 | 
					law,\footnote{Recall that you could by default charge for any acts not
 | 
				
			||||||
governed by copyright law, because the license controls are confined
 | 
					governed by copyright law, because the license controls are confined
 | 
				
			||||||
| 
						 | 
					@ -1600,7 +1598,7 @@ available to the public at large.  However, the text here does not say
 | 
				
			||||||
that.  Instead, it says that the licensing under terms of the GPL must
 | 
					that.  Instead, it says that the licensing under terms of the GPL must
 | 
				
			||||||
extend to anyone who might, through the distribution chain, receive a copy
 | 
					extend to anyone who might, through the distribution chain, receive a copy
 | 
				
			||||||
of the software.  Distribution to all third parties is not mandated here,
 | 
					of the software.  Distribution to all third parties is not mandated here,
 | 
				
			||||||
but GPLv2~\S2(b) does require redistributors to license the derivative works in
 | 
					but GPLv2~\S2(b) does require re-distributors to license the derivative works in
 | 
				
			||||||
a way that extends to all third parties who may ultimately receive a
 | 
					a way that extends to all third parties who may ultimately receive a
 | 
				
			||||||
copy of the software.
 | 
					copy of the software.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -1623,7 +1621,7 @@ programs under any license.  Despite what you hear from its critics, the
 | 
				
			||||||
GPL is nothing like a virus, not only because the GPL is good for you and
 | 
					GPL is nothing like a virus, not only because the GPL is good for you and
 | 
				
			||||||
a virus is bad for you, but also because simple contact with a GPL'd
 | 
					a virus is bad for you, but also because simple contact with a GPL'd
 | 
				
			||||||
code-base does not impact the license of other programs.  A programmer must
 | 
					code-base does not impact the license of other programs.  A programmer must
 | 
				
			||||||
expended actual effort  to cause a work to fall under the terms
 | 
					expend actual effort  to cause a work to fall under the terms
 | 
				
			||||||
of the GPL.  Redistributors are always welcome to simply ship GPL'd
 | 
					of the GPL.  Redistributors are always welcome to simply ship GPL'd
 | 
				
			||||||
software alongside proprietary software or other unrelated Free Software,
 | 
					software alongside proprietary software or other unrelated Free Software,
 | 
				
			||||||
as long as the terms of GPL are adhered to for those packages that are
 | 
					as long as the terms of GPL are adhered to for those packages that are
 | 
				
			||||||
| 
						 | 
					@ -1635,7 +1633,7 @@ truly GPL'd.
 | 
				
			||||||
Software is a strange beast when compared to other copyrightable works.
 | 
					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
 | 
					It is currently impossible to make a film or a book that can be truly
 | 
				
			||||||
obscured.  Ultimately, the full text of a novel, even one written by
 | 
					obscured.  Ultimately, the full text of a novel, even one written by
 | 
				
			||||||
William Faulkner, must presented to the reader as words in some
 | 
					William Faulkner, must be presented to the reader as words in some
 | 
				
			||||||
human-readable language so that they can enjoy the work.  A film, even one
 | 
					human-readable language so that they can enjoy the work.  A film, even one
 | 
				
			||||||
directed by David Lynch, must be perceptible by human eyes and ears to
 | 
					directed by David Lynch, must be perceptible by human eyes and ears to
 | 
				
			||||||
have any value.
 | 
					have any value.
 | 
				
			||||||
| 
						 | 
					@ -1725,10 +1723,10 @@ GPL does provide options when such distribution is unfeasible.
 | 
				
			||||||
GPLv2~\S3, therefore, allows source code to be provided on any physical
 | 
					GPLv2~\S3, therefore, allows source code to be provided on any physical
 | 
				
			||||||
``medium customarily used for software interchange.''  By design, this
 | 
					``medium customarily used for software interchange.''  By design, this
 | 
				
			||||||
phrase covers a broad spectrum --- the phrase seeks to pre-adapt to
 | 
					phrase covers a broad spectrum --- the phrase seeks to pre-adapt to
 | 
				
			||||||
changes in  technology.  When GPLv22 was first published in June
 | 
					changes in  technology.  When GPLv2 was first published in June
 | 
				
			||||||
1991, distribution on magnetic tape was still common, and CD was
 | 
					1991, distribution on magnetic tape was still common, and CD was
 | 
				
			||||||
relatively new.  By 2002, CD is the default.  By 2007, DVD's were the
 | 
					relatively new.  By 2002, CD was the default.  By 2007, DVD's were the
 | 
				
			||||||
default.  Now, it's common to give software on USB drives and SD card.  This
 | 
					default.  Now, it's common to give software on USB drives and SD cards.  This
 | 
				
			||||||
language in the license must adapt with changing technology.
 | 
					language in the license must adapt with changing technology.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Meanwhile, the binding created by the word ``customarily'' is key.  Many
 | 
					Meanwhile, the binding created by the word ``customarily'' is key.  Many
 | 
				
			||||||
| 
						 | 
					@ -1795,7 +1793,7 @@ GPLv2~\S3(c) is created to save her some trouble, because by itself GPLv2~\S3(b)
 | 
				
			||||||
would unfairly favor large companies.  GPLv2~\S3(b) allows the
 | 
					would unfairly favor large companies.  GPLv2~\S3(b) allows the
 | 
				
			||||||
separation of the binary software from the key tool that people can use
 | 
					separation of the binary software from the key tool that people can use
 | 
				
			||||||
to exercise their freedom. The GPL permits this separation because it is
 | 
					to exercise their freedom. The GPL permits this separation because it is
 | 
				
			||||||
good for redistributors, and those users who turn out not to need the
 | 
					good for re-distributors, and those users who turn out not to need the
 | 
				
			||||||
source.  However, to ensure equal rights for all software users, anyone
 | 
					source.  However, to ensure equal rights for all software users, anyone
 | 
				
			||||||
along the distribution chain must have the right to get the source and
 | 
					along the distribution chain must have the right to get the source and
 | 
				
			||||||
exercise those freedoms that require it.
 | 
					exercise those freedoms that require it.
 | 
				
			||||||
| 
						 | 
					@ -1914,7 +1912,7 @@ with respect to the licensed software.
 | 
				
			||||||
\newcommand{\compA}{$\mathcal{A}$}
 | 
					\newcommand{\compA}{$\mathcal{A}$}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
For example, if Company \compA{} has a patent on advanced Web browsing, but
 | 
					For example, if Company \compA{} has a patent on advanced Web browsing, but
 | 
				
			||||||
also licenses a Web browsing software program under the GPLv2, then it
 | 
					also licenses a Web browsing program under the GPLv2, then it
 | 
				
			||||||
cannot assert the patent against any party based on that party's use of 
 | 
					cannot assert the patent against any party based on that party's use of 
 | 
				
			||||||
Company \compA{}'s GPL'ed Web browsing software program, or on that party's
 | 
					Company \compA{}'s GPL'ed Web browsing software program, or on that party's
 | 
				
			||||||
creation and use of derivative works of that GPL'ed program.  However, if a
 | 
					creation and use of derivative works of that GPL'ed program.  However, if a
 | 
				
			||||||
| 
						 | 
					@ -1984,7 +1982,7 @@ but they may not revoke the rights under GPLv2 already granted.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
In fact, when an entity looses their right to copy, modify and distribute
 | 
					In fact, when an entity looses their right to copy, modify and distribute
 | 
				
			||||||
GPL'd software, it is because of their \emph{own actions}, not that of the
 | 
					GPL'd software, it is because of their \emph{own actions}, not that of the
 | 
				
			||||||
copyright holder.  The copyright holder does not decided when GPLv2~\S4
 | 
					copyright holder.  The copyright holder does not decide when GPLv2~\S4
 | 
				
			||||||
termination occurs (if ever); rather, the actions of the licensee determine
 | 
					termination occurs (if ever); rather, the actions of the licensee determine
 | 
				
			||||||
that.
 | 
					that.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -2045,8 +2043,8 @@ freedom.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
While GPL is by default a copyright license, it is certainly still possible
 | 
					While GPL is by default a copyright license, it is certainly still possible
 | 
				
			||||||
to consider GPL as a contract as well.  For example, some distributors chose
 | 
					to consider GPL as a contract as well.  For example, some distributors chose
 | 
				
			||||||
to ``wrap'' their software in an acceptance ceremony to GPL, and nothing in
 | 
					to ``wrap'' their software in an acceptance ceremony to the GPL, and nothing in
 | 
				
			||||||
GPL prohibits that use.  Furthermore, the ruling in \textit{Jacobsen
 | 
					the GPL prohibits that use.  Furthermore, the ruling in \textit{Jacobsen
 | 
				
			||||||
  v. Katzer, 535 F.3d 1373, 1380 (Fed.Cir.2008)} indicates that \textbf{both}
 | 
					  v. Katzer, 535 F.3d 1373, 1380 (Fed.Cir.2008)} indicates that \textbf{both}
 | 
				
			||||||
copyright and contractual remedies may be sought by a copyright holder
 | 
					copyright and contractual remedies may be sought by a copyright holder
 | 
				
			||||||
seeking to enforce a license designed to uphold software freedom.
 | 
					seeking to enforce a license designed to uphold software freedom.
 | 
				
			||||||
| 
						 | 
					@ -2133,7 +2131,7 @@ GPLv2~\S8 was not included at all in GPLv3.
 | 
				
			||||||
\chapter{Odds, Ends, and Absolutely No Warranty}
 | 
					\chapter{Odds, Ends, and Absolutely No Warranty}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
GPLv2~\S\S0--7 constitute the freedom-defending terms of the GPLv2.  The remainder
 | 
					GPLv2~\S\S0--7 constitute the freedom-defending terms of the GPLv2.  The remainder
 | 
				
			||||||
of the GPLv2 handles administrivia and issues concerning warranties and
 | 
					of the GPLv2 handles administrive and issues concerning warranties and
 | 
				
			||||||
liability.
 | 
					liability.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\section{GPLv2~\S9: FSF as Stewards of GPL}
 | 
					\section{GPLv2~\S9: FSF as Stewards of GPL}
 | 
				
			||||||
| 
						 | 
					@ -2234,7 +2232,7 @@ This chapter seeks to explain GPLv3 to newcomers, who perhaps are familiar
 | 
				
			||||||
with GPLv2 and who did not participate in the GPLv3 process.
 | 
					with GPLv2 and who did not participate in the GPLv3 process.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Those who wish to drink from the firehose and take a diachronic approach to
 | 
					Those who wish to drink from the firehose and take a diachronic approach to
 | 
				
			||||||
GPLv3 study by reading the step-by-step public drafting process GPLv3 (which
 | 
					GPLv3 study by reading the step-by-step public drafting process of the GPLv3 (which
 | 
				
			||||||
occurred from Monday 16 January 2006 through Monday 19 November 2007) should
 | 
					occurred from Monday 16 January 2006 through Monday 19 November 2007) should
 | 
				
			||||||
visit \url{http://gplv3.fsf.org/}.
 | 
					visit \url{http://gplv3.fsf.org/}.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -2252,7 +2250,7 @@ for some of GPLv2's terms and/or policy opposition to GPLv3's terms.
 | 
				
			||||||
Given this ``two GPLs world'' is reality, it makes sense to consider GPLv3 in
 | 
					Given this ``two GPLs world'' is reality, it makes sense to consider GPLv3 in
 | 
				
			||||||
terms of how it differs from GPLv2.  Also, most of the best GPL experts in
 | 
					terms of how it differs from GPLv2.  Also, most of the best GPL experts in
 | 
				
			||||||
the world must deal regularly with both licenses, and admittedly have decades
 | 
					the world must deal regularly with both licenses, and admittedly have decades
 | 
				
			||||||
of experience of GPLv2 while the most experience with GPLv3 that's possible
 | 
					of experience with GPLv2 while the most experience with GPLv3 that's possible
 | 
				
			||||||
is by default less than a decade.  These two factors usually cause even new
 | 
					is by default less than a decade.  These two factors usually cause even new
 | 
				
			||||||
students of GPL to start with GPLv2 and move on to GPLv3, and this tutorial
 | 
					students of GPL to start with GPLv2 and move on to GPLv3, and this tutorial
 | 
				
			||||||
follows that pattern.
 | 
					follows that pattern.
 | 
				
			||||||
| 
						 | 
					@ -2281,7 +2279,7 @@ internationalization.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
One of lawyers' most common complaints about GPLv2 is that defined terms in
 | 
					One of lawyers' most common complaints about GPLv2 is that defined terms in
 | 
				
			||||||
the document appear throughout.  Most licenses define terms up-front.
 | 
					the document appear throughout.  Most licenses define terms up-front.
 | 
				
			||||||
However, GPL was always designed both as a document that should be easily
 | 
					However, the GPL was always designed both as a document that should be easily
 | 
				
			||||||
understood both by lawyers and by software developers: it is a document
 | 
					understood both by lawyers and by software developers: it is a document
 | 
				
			||||||
designed to give freedom to software developers and users, and therefore it
 | 
					designed to give freedom to software developers and users, and therefore it
 | 
				
			||||||
should be comprehensible to that constituency.
 | 
					should be comprehensible to that constituency.
 | 
				
			||||||
| 
						 | 
					@ -2307,7 +2305,7 @@ GPLv2 included a defined term, ``work based on the Program'', but also used
 | 
				
			||||||
the term ``modify'' and ``based on'' throughout the license.  GPLv2's ``work
 | 
					the term ``modify'' and ``based on'' throughout the license.  GPLv2's ``work
 | 
				
			||||||
based on the Program'' definition made use of a legal term of art,
 | 
					based on the Program'' definition made use of a legal term of art,
 | 
				
			||||||
``derivative work'', which is peculiar to USA copyright law.  However,
 | 
					``derivative work'', which is peculiar to USA copyright law.  However,
 | 
				
			||||||
ironically, the most criticism of USA-specific legal terminology in GPLv2's
 | 
					ironically, most criticism of USA-specific legal terminology in GPLv2's
 | 
				
			||||||
``work based on the Program'' definition historically came not primarily from
 | 
					``work based on the Program'' definition historically came not primarily from
 | 
				
			||||||
readers outside the USA, but from those within it\footnote{The FSF noted in
 | 
					readers outside the USA, but from those within it\footnote{The FSF noted in
 | 
				
			||||||
  that it did not generally agree with these views, and expressed puzzlement
 | 
					  that it did not generally agree with these views, and expressed puzzlement
 | 
				
			||||||
| 
						 | 
					@ -2382,7 +2380,7 @@ but it also makes clear that, under the copyright laws of a given country,
 | 
				
			||||||
Thus, propagation is defined by behavior, and not by categories drawn from
 | 
					Thus, propagation is defined by behavior, and not by categories drawn from
 | 
				
			||||||
some particular national copyright statute.  This helps not only with
 | 
					some particular national copyright statute.  This helps not only with
 | 
				
			||||||
internationalization, but also factually-based terminology aids in
 | 
					internationalization, but also factually-based terminology aids in
 | 
				
			||||||
developers' and users' understanding of GPL\@.
 | 
					developers' and users' understanding of the GPL\@.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\subsection{Convey}
 | 
					\subsection{Convey}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -2457,9 +2455,9 @@ are those that the work is ``specifically'' designed to require, which
 | 
				
			||||||
clarifies that they do not include libraries invoked by the work that can be
 | 
					clarifies that they do not include libraries invoked by the work that can be
 | 
				
			||||||
readily substituted by other existing implementations.  While copyleft
 | 
					readily substituted by other existing implementations.  While copyleft
 | 
				
			||||||
advocates never doubted this was required under GPLv2's definition of CCS,
 | 
					advocates never doubted this was required under GPLv2's definition of CCS,
 | 
				
			||||||
making it abundantly clear with an extra example.
 | 
					GPLv3 makes it abundantly clear with an extra example.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
GPL, as always, seeks to ensure users are truly in a position to install and
 | 
					The GPL, as always, seeks to ensure users are truly in a position to install and
 | 
				
			||||||
run their modified versions of the program; the CCS definition is designed to
 | 
					run their modified versions of the program; the CCS definition is designed to
 | 
				
			||||||
be expansive to ensure this software freedom.  However, although the
 | 
					be expansive to ensure this software freedom.  However, although the
 | 
				
			||||||
definition of CCS is expansive, it is not sufficient to protect users'
 | 
					definition of CCS is expansive, it is not sufficient to protect users'
 | 
				
			||||||
| 
						 | 
					@ -2494,14 +2492,13 @@ The previous section skipped over one part of the CCS definition, the
 | 
				
			||||||
so-called system library exception.  The ``System Libraries'' definition (and
 | 
					so-called system library exception.  The ``System Libraries'' definition (and
 | 
				
			||||||
the ``Standard Interface'' and ``Major Component'' definitions, which it
 | 
					the ``Standard Interface'' and ``Major Component'' definitions, which it
 | 
				
			||||||
includes) are designed as part
 | 
					includes) are designed as part
 | 
				
			||||||
 | 
					 | 
				
			||||||
to permit certain distribution arrangements that are considered reasonable by
 | 
					to permit certain distribution arrangements that are considered reasonable by
 | 
				
			||||||
copyleft advocates.  The system library exception is designed to allow
 | 
					copyleft advocates.  The system library exception is designed to allow
 | 
				
			||||||
copylefted software to link with these libraries when such linking would hurt
 | 
					copylefted software to link with these libraries when such linking would hurt
 | 
				
			||||||
software freedom more than it would hurt proprietary software.
 | 
					software freedom more than it would hurt proprietary software.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
The system library exception has two parts.  Part (a) rewords the GPLv2
 | 
					The system library exception has two parts.  Part (a) rewords the GPLv2
 | 
				
			||||||
exception for clarity replaces GPLv2's words ``unless that component itself
 | 
					exception for clarity replacing GPLv2's words ``unless that component itself
 | 
				
			||||||
accompanies the executable'' with ``which is not part of the Major
 | 
					accompanies the executable'' with ``which is not part of the Major
 | 
				
			||||||
Component''.  The goal here is to not require disclosure of source code of
 | 
					Component''.  The goal here is to not require disclosure of source code of
 | 
				
			||||||
certain libraries, such as necessary Microsoft Windows DLLs (which aren't
 | 
					certain libraries, such as necessary Microsoft Windows DLLs (which aren't
 | 
				
			||||||
| 
						 | 
					@ -2576,7 +2573,7 @@ on the users' behalf (just as the users' employees would have to act).
 | 
				
			||||||
The strict conditions in this ``contractors provision'' are needed so that it
 | 
					The strict conditions in this ``contractors provision'' are needed so that it
 | 
				
			||||||
cannot be twisted to fit other activities, such as making a program available
 | 
					cannot be twisted to fit other activities, such as making a program available
 | 
				
			||||||
to downstream users or customers.  By making the limits on this provision
 | 
					to downstream users or customers.  By making the limits on this provision
 | 
				
			||||||
very narrow, GPLv3 ensures that, in all other cases, contractors gets the
 | 
					very narrow, GPLv3 ensures that, in all other cases, contractor gets the
 | 
				
			||||||
full freedoms of the GPL that they deserve.
 | 
					full freedoms of the GPL that they deserve.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
The FSF was specifically asked to add this ``contractors provisions'' by
 | 
					The FSF was specifically asked to add this ``contractors provisions'' by
 | 
				
			||||||
| 
						 | 
					@ -2671,7 +2668,7 @@ relate sections\footnote{These sections of the USC are often referred to as
 | 
				
			||||||
from circumventing technological measures that implement DRM\@.  Since this
 | 
					from circumventing technological measures that implement DRM\@.  Since this
 | 
				
			||||||
is part of copyright law and the GPL is primarily a copyright license, and
 | 
					is part of copyright law and the GPL is primarily a copyright license, and
 | 
				
			||||||
since what the DMCA calls ``circumvention'' is simply ``modifying the
 | 
					since what the DMCA calls ``circumvention'' is simply ``modifying the
 | 
				
			||||||
software'' under the GPL, GPLv3 must disclaim such anti-circumvention
 | 
					software'' under the GPL, GPLv3 must disclaim that such anti-circumvention
 | 
				
			||||||
provisions are not applicable to the GPLv3'd software.  GPLv3\S3 shields
 | 
					provisions are not applicable to the GPLv3'd software.  GPLv3\S3 shields
 | 
				
			||||||
users from being subjected to liability under anti-circumvention law for
 | 
					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.
 | 
					exercising their rights under the GPL, so far as the GPL can do so.
 | 
				
			||||||
| 
						 | 
					@ -2805,7 +2802,7 @@ in \S~\ref{GPLv2s3} of this tutorial), the distribution of object code may
 | 
				
			||||||
either be accompanied by the machine-readable source code, or it may be
 | 
					either be accompanied by the machine-readable source code, or it may be
 | 
				
			||||||
accompanied by a valid written offer to provide the machine-readable source
 | 
					accompanied by a valid written offer to provide the machine-readable source
 | 
				
			||||||
code.  However, unlike in GPLv2, that offer cannot be exercised by any third
 | 
					code.  However, unlike in GPLv2, that offer cannot be exercised by any third
 | 
				
			||||||
party; rather, only those ``who possesses the object code'' it can exercised
 | 
					party; rather, only those ``who possesses the object code'' can exercise
 | 
				
			||||||
the offer.  (Note that this is a substantial narrowing of requirements of
 | 
					the offer.  (Note that this is a substantial narrowing of requirements of
 | 
				
			||||||
offer fulfillment, and is a wonderful counterexample to dispute claims that
 | 
					offer fulfillment, and is a wonderful counterexample to dispute claims that
 | 
				
			||||||
the GPLv3 has more requirements than GPLv2.)
 | 
					the GPLv3 has more requirements than GPLv2.)
 | 
				
			||||||
| 
						 | 
					@ -2950,7 +2947,7 @@ GPLv3 drafting process.  However, companies and governments that use
 | 
				
			||||||
specialized or enterprise-level computer facilities reported that they
 | 
					specialized or enterprise-level computer facilities reported that they
 | 
				
			||||||
actually \textit{want} their systems not to be under their own control.
 | 
					actually \textit{want} their systems not to be under their own control.
 | 
				
			||||||
Rather than agreeing to this as a concession, or bowing to pressure, they ask
 | 
					Rather than agreeing to this as a concession, or bowing to pressure, they ask
 | 
				
			||||||
for this as a \textit{preference}.  It is not clear that GPL should interfere
 | 
					for this as a \textit{preference}.  It is not clear that the GPL should interfere
 | 
				
			||||||
here, since the main problem lies elsewhere.
 | 
					here, since the main problem lies elsewhere.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
While imposing technical barriers to modification is wrong regardless of
 | 
					While imposing technical barriers to modification is wrong regardless of
 | 
				
			||||||
| 
						 | 
					@ -3116,8 +3113,7 @@ distributed under the GPL?
 | 
				
			||||||
\end{enumerate}
 | 
					\end{enumerate}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Additional permissions present the easier case.  Since the mid-1990s,
 | 
					Additional permissions present the easier case.  Since the mid-1990s,
 | 
				
			||||||
permissive exceptions often appeared alongside GPLv2 with permissive
 | 
					permissive exceptions often appeared alongside GPLv2 to allow combination
 | 
				
			||||||
exceptions to allow combination
 | 
					 | 
				
			||||||
with certain non-free code.  Typically, downstream
 | 
					with certain non-free code.  Typically, downstream
 | 
				
			||||||
stream recipients could remove those exceptions and operate under pure GPLv2.
 | 
					stream recipients could remove those exceptions and operate under pure GPLv2.
 | 
				
			||||||
Similarly, LGPLv2.1 is in essence a permissive variant of GPLv2,
 | 
					Similarly, LGPLv2.1 is in essence a permissive variant of GPLv2,
 | 
				
			||||||
| 
						 | 
					@ -3199,7 +3195,7 @@ In its treatment of terms that impose additional requirements, GPLv3\S7
 | 
				
			||||||
extends the range of licensing terms with which the GPL is compatible.  An
 | 
					extends the range of licensing terms with which the GPL is compatible.  An
 | 
				
			||||||
added part carrying additional requirements may be combined with GPL'd code,
 | 
					added part carrying additional requirements may be combined with GPL'd code,
 | 
				
			||||||
but only if those requirements belong to an set enumerated in GPLv3\S7. There
 | 
					but only if those requirements belong to an set enumerated in GPLv3\S7. There
 | 
				
			||||||
are, of course,  limits on the acceptable additional requirements, which to
 | 
					are, of course,  limits on the acceptable additional requirements, which 
 | 
				
			||||||
ensures that enhanced license compatibility does not
 | 
					ensures that enhanced license compatibility does not
 | 
				
			||||||
defeat the broader software-freedom-defending terms of the GPL\@. Unlike terms that grant
 | 
					defeat the broader software-freedom-defending terms of the GPL\@. Unlike terms that grant
 | 
				
			||||||
additional permissions, terms that impose additional requirements cannot be
 | 
					additional permissions, terms that impose additional requirements cannot be
 | 
				
			||||||
| 
						 | 
					@ -3247,7 +3243,7 @@ large collections of software having numerous copyright holders.  A violator
 | 
				
			||||||
who resumes compliance with GPLv2 technically needs to obtain forgiveness
 | 
					who resumes compliance with GPLv2 technically needs to obtain forgiveness
 | 
				
			||||||
from all copyright holders, and even contacting them all might be impossible.
 | 
					from all copyright holders, and even contacting them all might be impossible.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
GPLv3~\S8 replaces now grants opportunities for provisional and permanent
 | 
					GPLv3~\S8 now grants opportunities for provisional and permanent
 | 
				
			||||||
reinstatement of rights. The termination procedure provides a limited
 | 
					reinstatement of rights. The termination procedure provides a limited
 | 
				
			||||||
opportunity to cure license violations.  If a licensee has committed a
 | 
					opportunity to cure license violations.  If a licensee has committed a
 | 
				
			||||||
first-time violation of the GPL with respect to a given copyright holder, but
 | 
					first-time violation of the GPL with respect to a given copyright holder, but
 | 
				
			||||||
| 
						 | 
					@ -3262,12 +3258,11 @@ copyright permissions the contributor granted to the licensee.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
% FIXME-LATER: write more here, perhaps linking up to enforcement
 | 
					% FIXME-LATER: write more here, perhaps linking up to enforcement
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					 | 
				
			||||||
\section{GPLv3~\S9: Acceptance}
 | 
					\section{GPLv3~\S9: Acceptance}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
GPLv3~\S9 means what it says: mere receipt or execution of code neither
 | 
					GPLv3~\S9 means what it says: mere receipt or execution of code neither
 | 
				
			||||||
requires nor signifies contractual acceptance under the GPL.  Speaking more
 | 
					requires nor signifies contractual acceptance under the GPL.  Speaking more
 | 
				
			||||||
broadly, GPLv3 is intentionally structured our license as a unilateral grant
 | 
					broadly, GPLv3 is intentionally structured as a unilateral grant
 | 
				
			||||||
of copyright permissions, the basic operation of which exists outside of any
 | 
					of copyright permissions, the basic operation of which exists outside of any
 | 
				
			||||||
law of contract.  Whether and when a contractual relationship is formed
 | 
					law of contract.  Whether and when a contractual relationship is formed
 | 
				
			||||||
between licensor and licensee under local law do not necessarily matter to
 | 
					between licensor and licensee under local law do not necessarily matter to
 | 
				
			||||||
| 
						 | 
					@ -3369,7 +3364,7 @@ preventing that act cannot be unfair).
 | 
				
			||||||
 | 
					
 | 
				
			||||||
However, the second argument seems valid in a practical sense.  A
 | 
					However, the second argument seems valid in a practical sense.  A
 | 
				
			||||||
typical GNU/Linux distribution includes thousands of programs.  It would
 | 
					typical GNU/Linux distribution includes thousands of programs.  It would
 | 
				
			||||||
be quite difficult for a redistributor with a large patent portfolio to
 | 
					be quite difficult for a re-distributor with a large patent portfolio to
 | 
				
			||||||
review all those programs against that portfolio every time it receives
 | 
					review all those programs against that portfolio every time it receives
 | 
				
			||||||
and passes on a new version of the distribution.  Moreover, this question
 | 
					and passes on a new version of the distribution.  Moreover, this question
 | 
				
			||||||
raises a strategic issue. If the GPLv3 patent license requirements
 | 
					raises a strategic issue. If the GPLv3 patent license requirements
 | 
				
			||||||
| 
						 | 
					@ -3461,7 +3456,7 @@ patent claims.
 | 
				
			||||||
\subsection{Conveyors' Patent Licensing}
 | 
					\subsection{Conveyors' Patent Licensing}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
The remaining patent licensing in GPLv3 deals with patent licenses that are
 | 
					The remaining patent licensing in GPLv3 deals with patent licenses that are
 | 
				
			||||||
granted by conveyance.  The licensing is not as complete or far reaching at
 | 
					granted by conveyance.  The licensing is not as complete or far reaching as
 | 
				
			||||||
the contributor patent licenses discussed in the preceding section.
 | 
					the contributor patent licenses discussed in the preceding section.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
The term ``patent license,'' as used in GPLv3~\S11\P4--6, is not meant to be
 | 
					The term ``patent license,'' as used in GPLv3~\S11\P4--6, is not meant to be
 | 
				
			||||||
| 
						 | 
					@ -3498,11 +3493,11 @@ CCS to be publicly available.  (In such a case, if the distributor is also a
 | 
				
			||||||
contributor, it will already have granted a patent sublicense anyway, and so
 | 
					contributor, it will already have granted a patent sublicense anyway, and so
 | 
				
			||||||
it need not do anything further to comply with the third paragraph.)
 | 
					it need not do anything further to comply with the third paragraph.)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Admittedly, public disclosure of CCS is not necessarily required in by other
 | 
					Admittedly, public disclosure of CCS is not necessarily required by other
 | 
				
			||||||
sections of the GPL, and the FSF in drafting GPLv3 did not necessarily wish
 | 
					sections of the GPL, and the FSF in drafting GPLv3 did not necessarily wish
 | 
				
			||||||
to impose a general requirement to make source code available to all, which
 | 
					to impose a general requirement to make source code available to all, which
 | 
				
			||||||
has never been a GPL condition.  However, many vendors who produce products
 | 
					has never been a GPL condition.  However, many vendors who produce products
 | 
				
			||||||
that include copylefted software, and who most likely to be affected by the
 | 
					that include copylefted software, and who are most likely to be affected by the
 | 
				
			||||||
downstream shielding provision, lobbied for the addition of the source code
 | 
					downstream shielding provision, lobbied for the addition of the source code
 | 
				
			||||||
availability option, so it remains.
 | 
					availability option, so it remains.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -3741,8 +3736,8 @@ Terms to Your New Programs'' to just the bare essentials.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
As we have seen in our consideration of the GPL, its text is specifically
 | 
					As we have seen in our consideration of the GPL, its text is specifically
 | 
				
			||||||
designed to cover all possible derivative works under copyright law. Our
 | 
					designed to cover all possible derivative works under copyright law. Our
 | 
				
			||||||
goal in designing GPL was to make sure that any derivative work of GPL'd
 | 
					goal in designing the GPL was to make sure that any derivative work of GPL'd
 | 
				
			||||||
software was itself released under GPL when distributed. Reaching as far
 | 
					software was itself released under the GPL when distributed. Reaching as far
 | 
				
			||||||
as copyright law will allow is the most direct way to reach that goal.
 | 
					as copyright law will allow is the most direct way to reach that goal.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
However, while the strategic goal is to bring as much Free Software
 | 
					However, while the strategic goal is to bring as much Free Software
 | 
				
			||||||
| 
						 | 
					@ -3777,11 +3772,11 @@ libraries on a Free Software operating system (which in fact happens today
 | 
				
			||||||
on modern GNU/Linux systems, which all use the GNU C Library).
 | 
					on modern GNU/Linux systems, which all use the GNU C Library).
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Unlike existing GNU application software, however, the licensing
 | 
					Unlike existing GNU application software, however, the licensing
 | 
				
			||||||
implications of releasing the GNU C Library (``glibc'') under GPL were
 | 
					implications of releasing the GNU C Library (``glibc'') under the GPL were
 | 
				
			||||||
somewhat different. Applications released under GPL would never
 | 
					somewhat different. Applications released under the GPL would never
 | 
				
			||||||
themselves become part of proprietary software. However, if glibc were
 | 
					themselves become part of proprietary software. However, if glibc were
 | 
				
			||||||
released under GPL, it would require that any application distributed for
 | 
					released under the GPL, it would require that any application distributed for
 | 
				
			||||||
the GNU/Linux platform be released under GPL\@.
 | 
					the GNU/Linux platform be released under the GPL\@.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Since all applications on a Unix-like system depend on the C library, it
 | 
					Since all applications on a Unix-like system depend on the C library, it
 | 
				
			||||||
means that they must link with that library to function on the system. In
 | 
					means that they must link with that library to function on the system. In
 | 
				
			||||||
| 
						 | 
					@ -3803,7 +3798,7 @@ to anyone who wished to write proprietary software for GNU/Linux systems.
 | 
				
			||||||
The de-facto standard for the C library on GNU/Linux would likely be not
 | 
					The de-facto standard for the C library on GNU/Linux would likely be not
 | 
				
			||||||
glibc, but the most popular proprietary one.
 | 
					glibc, but the most popular proprietary one.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Meanwhile, the actual goal of releasing glibc under GPL --- to ensure no
 | 
					Meanwhile, the actual goal of releasing glibc under the GPL --- to ensure no
 | 
				
			||||||
proprietary applications on GNU/Linux --- would be unattainable in this
 | 
					proprietary applications on GNU/Linux --- would be unattainable in this
 | 
				
			||||||
scenario. Furthermore, users of those proprietary applications would also
 | 
					scenario. Furthermore, users of those proprietary applications would also
 | 
				
			||||||
be users of a proprietary C library, not the Free glibc.
 | 
					be users of a proprietary C library, not the Free glibc.
 | 
				
			||||||
| 
						 | 
					@ -3811,7 +3806,7 @@ be users of a proprietary C library, not the Free glibc.
 | 
				
			||||||
The Lesser GPL was initially conceived to handle this scenario. It was
 | 
					The Lesser GPL was initially conceived to handle this scenario. It was
 | 
				
			||||||
clear that the existence of proprietary applications for GNU/Linux was
 | 
					clear that the existence of proprietary applications for GNU/Linux was
 | 
				
			||||||
inevitable. Since there were so many C libraries already in existence, a
 | 
					inevitable. Since there were so many C libraries already in existence, a
 | 
				
			||||||
new one under GPL would not stop that tide. However, if the new C library
 | 
					new one under the GPL would not stop that tide. However, if the new C library
 | 
				
			||||||
were released under a license that permitted proprietary applications
 | 
					were released under a license that permitted proprietary applications
 | 
				
			||||||
to link with it, but made sure that the library itself remained Free,
 | 
					to link with it, but made sure that the library itself remained Free,
 | 
				
			||||||
an ancillary goal could be met. Users of proprietary applications, while
 | 
					an ancillary goal could be met. Users of proprietary applications, while
 | 
				
			||||||
| 
						 | 
					@ -3866,7 +3861,7 @@ used to allow original copyright holders to forbid distribution in
 | 
				
			||||||
countries with draconian laws that would otherwise contradict these
 | 
					countries with draconian laws that would otherwise contradict these
 | 
				
			||||||
licenses.
 | 
					licenses.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
LGPLv2.1~\S13 sets up FSF as the steward of the LGPL, just as GPLv2~\S9
 | 
					LGPLv2.1~\S13 sets up the FSF as the steward of the LGPL, just as GPLv2~\S9
 | 
				
			||||||
does for GPL. Meanwhile, LGPLv2.1~\S14 reminds licensees that copyright
 | 
					does for GPL. Meanwhile, LGPLv2.1~\S14 reminds licensees that copyright
 | 
				
			||||||
holders can grant exceptions to the terms of LGPL, just as GPLv2~\S10
 | 
					holders can grant exceptions to the terms of LGPL, just as GPLv2~\S10
 | 
				
			||||||
reminds licensees of the same thing.
 | 
					reminds licensees of the same thing.
 | 
				
			||||||
| 
						 | 
					@ -3882,7 +3877,7 @@ same legal mechanisms and are enforced precisely the same way.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
We strike a difference only in the early portions of the license.
 | 
					We strike a difference only in the early portions of the license.
 | 
				
			||||||
Namely, in the LGPL we go into deeper detail of granting various permissions to
 | 
					Namely, in the LGPL we go into deeper detail of granting various permissions to
 | 
				
			||||||
create derivative works, so the redistributors can make
 | 
					create derivative works, so the re-distributors can make
 | 
				
			||||||
some proprietary derivatives. Since we simply do not allow the
 | 
					some proprietary derivatives. Since we simply do not allow the
 | 
				
			||||||
license to stretch as far as copyright law does regarding what
 | 
					license to stretch as far as copyright law does regarding what
 | 
				
			||||||
derivative works must be relicensed under the same terms, we must go
 | 
					derivative works must be relicensed under the same terms, we must go
 | 
				
			||||||
| 
						 | 
					@ -3893,14 +3888,14 @@ those who modify or redistribute the software.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\section{Additions to the Preamble}
 | 
					\section{Additions to the Preamble}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Most of LGPL's Preamble is identical, but the last seven paragraphs
 | 
					Most of the LGPL's Preamble is identical, but the last seven paragraphs
 | 
				
			||||||
introduce the concepts and reasoning behind creation of the license,
 | 
					introduce the concepts and reasoning behind creation of the license,
 | 
				
			||||||
presenting a more generalized and briefer version of the story with which
 | 
					presenting a more generalized and briefer version of the story with which
 | 
				
			||||||
we began our consideration of LGPL\@.
 | 
					we began our consideration of the LGPL\@.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
In short, FSF designed LGPL for those edge cases where the freedom of the
 | 
					In short, FSF designed the LGPL for those edge cases where the freedom of the
 | 
				
			||||||
public can better be served by a more lax licensing system. FSF doesn't
 | 
					public can better be served by a more lax licensing system. FSF doesn't
 | 
				
			||||||
encourage use of LGPL automatically for any software that happens to be a
 | 
					encourage use of the LGPL automatically for any software that happens to be a
 | 
				
			||||||
library; rather, FSF suggests that it only be used in specific cases, such
 | 
					library; rather, FSF suggests that it only be used in specific cases, such
 | 
				
			||||||
as the following:
 | 
					as the following:
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -3919,8 +3914,8 @@ as the following:
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\end{itemize}
 | 
					\end{itemize}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
LGPL's preamble sets forth the limits to which the license seeks to go in
 | 
					The LGPL's preamble sets forth the limits to which the license seeks to go in
 | 
				
			||||||
chasing these goals. LGPL is designed to ensure that users who happen to
 | 
					chasing these goals. The LGPL is designed to ensure that users who happen to
 | 
				
			||||||
acquire software linked with such libraries have full freedoms with
 | 
					acquire software linked with such libraries have full freedoms with
 | 
				
			||||||
respect to that library. They should have the ability to upgrade to a newer
 | 
					respect to that library. They should have the ability to upgrade to a newer
 | 
				
			||||||
or modified Free version or to make their own modifications, even if they
 | 
					or modified Free version or to make their own modifications, even if they
 | 
				
			||||||
| 
						 | 
					@ -3928,18 +3923,18 @@ cannot modify the primary software program that links to that library.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Finally, the preamble introduces two terms used throughout the license to
 | 
					Finally, the preamble introduces two terms used throughout the license to
 | 
				
			||||||
clarify between the different types of derivative works: ``works that use
 | 
					clarify between the different types of derivative works: ``works that use
 | 
				
			||||||
the library,'' and ``works based on the library.''  Unlike GPL, LGPL must
 | 
					the library,'' and ``works based on the library.''  Unlike the GPL, the LGPL must
 | 
				
			||||||
draw some lines regarding derivative works. We do this here in this
 | 
					draw some lines regarding derivative works. We do this here in this
 | 
				
			||||||
license because we specifically seek to liberalize the rights afforded to
 | 
					license because we specifically seek to liberalize the rights afforded to
 | 
				
			||||||
those who make derivative works. In GPL, we reach as far as copyright law
 | 
					those who make derivative works. In the GPL, we reach as far as copyright law
 | 
				
			||||||
allows. In LGPL, we want to draw a line that allows some derivative works
 | 
					allows. In the LGPL, we want to draw a line that allows some derivative works
 | 
				
			||||||
copyright law would otherwise prohibit if the copyright holder exercised
 | 
					copyright law would otherwise prohibit if the copyright holder exercised
 | 
				
			||||||
his full permitted controls over the work.
 | 
					his full permitted controls over the work.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\section{An Application: A Work that Uses the Library}
 | 
					\section{An Application: A Work that Uses the Library}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
In the effort to allow certain proprietary derivative works and prohibit
 | 
					In the effort to allow certain proprietary derivative works and prohibit
 | 
				
			||||||
others, LGPL distinguishes between two classes of derivative works:
 | 
					others, the LGPL distinguishes between two classes of derivative works:
 | 
				
			||||||
``works based on the library,'' and ``works that use the library.''  The
 | 
					``works based on the library,'' and ``works that use the library.''  The
 | 
				
			||||||
distinction is drawn on the bright line of binary (or runtime) derivative
 | 
					distinction is drawn on the bright line of binary (or runtime) derivative
 | 
				
			||||||
works and source code derivatives. We will first consider the definition
 | 
					works and source code derivatives. We will first consider the definition
 | 
				
			||||||
| 
						 | 
					@ -3980,7 +3975,7 @@ the library,'' works as follows:
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\item Since \lplusi{} is a derivative work of both \worki{} and \workl{},
 | 
					\item Since \lplusi{} is a derivative work of both \worki{} and \workl{},
 | 
				
			||||||
  the license of \workl{} (the LGPL) can put restrictions on the license
 | 
					  the license of \workl{} (the LGPL) can put restrictions on the license
 | 
				
			||||||
  of \lplusi{}. In fact, this is what LGPL does.
 | 
					  of \lplusi{}. In fact, this is what the LGPL does.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\end{itemize}
 | 
					\end{itemize}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -4031,7 +4026,7 @@ In short, a ``work based on the library'' could be defined as any
 | 
				
			||||||
derivative work of LGPL'd software that cannot otherwise fit the
 | 
					derivative work of LGPL'd software that cannot otherwise fit the
 | 
				
			||||||
definition of a ``work that uses the library.''  A ``work based on the
 | 
					definition of a ``work that uses the library.''  A ``work based on the
 | 
				
			||||||
library'' extends the full width and depth of copyright derivative works,
 | 
					library'' extends the full width and depth of copyright derivative works,
 | 
				
			||||||
in the same sense that GPL does.
 | 
					in the same sense that the GPL does.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Most typically, one creates a ``work based on the library'' by directly
 | 
					Most typically, one creates a ``work based on the library'' by directly
 | 
				
			||||||
modifying the source of the library. Such a work could also be created by
 | 
					modifying the source of the library. Such a work could also be created by
 | 
				
			||||||
| 
						 | 
					@ -4081,7 +4076,7 @@ because a deep understanding of how compiler programs work is nearly
 | 
				
			||||||
mandatory to grasp the subtle nature of what LGPLv2.1~\S5, \P 4 seeks to
 | 
					mandatory to grasp the subtle nature of what LGPLv2.1~\S5, \P 4 seeks to
 | 
				
			||||||
cover. It helps some to note that this is a border case that we cover in
 | 
					cover. It helps some to note that this is a border case that we cover in
 | 
				
			||||||
the license only so that when such a border case is hit, the implications
 | 
					the license only so that when such a border case is hit, the implications
 | 
				
			||||||
of using LGPL continue in the expected way.
 | 
					of using the LGPL continue in the expected way.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
To understand this subtle point, we must recall the way that a compiler
 | 
					To understand this subtle point, we must recall the way that a compiler
 | 
				
			||||||
operates. The compiler first generates object code, which are the binary
 | 
					operates. The compiler first generates object code, which are the binary
 | 
				
			||||||
| 
						 | 
					@ -4162,7 +4157,7 @@ replace the library with interface-compatible versions and still be able
 | 
				
			||||||
to use the ``work that uses the library.''  However, all modern shared
 | 
					to use the ``work that uses the library.''  However, all modern shared
 | 
				
			||||||
library mechanisms function as such, and thus LGPLv2.1~\S6(b) is the simplest
 | 
					library mechanisms function as such, and thus LGPLv2.1~\S6(b) is the simplest
 | 
				
			||||||
option, since it does not even require that the distributor of the ``work 
 | 
					option, since it does not even require that the distributor of the ``work 
 | 
				
			||||||
2based on the library'' ship copies of the library itself.
 | 
					based on the library'' ship copies of the library itself.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
LGPLv2.1~\S6(a) is the option to use when, for some reason, a shared library
 | 
					LGPLv2.1~\S6(a) is the option to use when, for some reason, a shared library
 | 
				
			||||||
mechanism cannot be used. It requires that the source for the library be
 | 
					mechanism cannot be used. It requires that the source for the library be
 | 
				
			||||||
| 
						 | 
					@ -4190,12 +4185,12 @@ permit us to cover in this course.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\section{And the Rest}
 | 
					\section{And the Rest}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
The remaining variations between LGPL and GPL cover the following
 | 
					The remaining variations between the LGPL and the GPL cover the following
 | 
				
			||||||
conditions:
 | 
					conditions:
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\begin{itemize}
 | 
					\begin{itemize}
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\item Allowing a licensing ``upgrade'' from LGPL to GPL\@ (in LGPLv2.1~\S3)
 | 
					\item Allowing a licensing ``upgrade'' from the LGPL to the GPL\@ (in LGPLv2.1~\S3)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
\item Binary distribution of the library only, covered in LGPLv2.1~\S4,
 | 
					\item Binary distribution of the library only, covered in LGPLv2.1~\S4,
 | 
				
			||||||
  which is effectively equivalent to LGPLv2.1~\S3
 | 
					  which is effectively equivalent to LGPLv2.1~\S3
 | 
				
			||||||
| 
						 | 
					@ -4226,7 +4221,7 @@ As discussed in Sections~\ref{GPLv2s0} and~\ref{GPLv2s5} of this tutorial,
 | 
				
			||||||
the GPL only governs the activities of copying, modifying and
 | 
					the GPL only governs the activities of copying, modifying and
 | 
				
			||||||
distributing software programs that are not governed by the license.
 | 
					distributing software programs that are not governed by the license.
 | 
				
			||||||
Thus, in FSF's view, simply installing the software on a machine and
 | 
					Thus, in FSF's view, simply installing the software on a machine and
 | 
				
			||||||
using it is not controlled or limited in any way by GPL\@. Using Free
 | 
					using it is not controlled or limited in any way by the GPL\@. Using Free
 | 
				
			||||||
Software in general requires substantially fewer agreements and less
 | 
					Software in general requires substantially fewer agreements and less
 | 
				
			||||||
license compliance activity than any known proprietary software.
 | 
					license compliance activity than any known proprietary software.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					@ -4276,7 +4271,7 @@ embedded targets. Eventually, Cygnus was so successful that
 | 
				
			||||||
it was purchased by Red Hat where it remains a profitable division.
 | 
					it was purchased by Red Hat where it remains a profitable division.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
However, there are very small companies that compete in
 | 
					However, there are very small companies that compete in
 | 
				
			||||||
this space. Because the code-base is protect by GPL, it creates and
 | 
					this space. Because the code-base is protect by the GPL, it creates and
 | 
				
			||||||
demands industry trust. Companies can cooperate on the software and
 | 
					demands industry trust. Companies can cooperate on the software and
 | 
				
			||||||
improve it for everyone. Meanwhile, companies who rely on GCC for their
 | 
					improve it for everyone. Meanwhile, companies who rely on GCC for their
 | 
				
			||||||
work are happy to pay for improvements, and for ports to new target
 | 
					work are happy to pay for improvements, and for ports to new target
 | 
				
			||||||
| 
						 | 
					@ -4331,7 +4326,7 @@ making a profit.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
Note that FSF does provide services to assist companies who need
 | 
					Note that FSF does provide services to assist companies who need
 | 
				
			||||||
assistance in complying with the GPL. You can contact FSF's GPL
 | 
					assistance in complying with the GPL. You can contact FSF's GPL
 | 
				
			||||||
Compliance Labs at $<$compliance@fsf.org$>$.
 | 
					Compliance Labs at $<$licensing@fsf.org$>$.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
%FIXME-LATER: should have \tutorialpart
 | 
					%FIXME-LATER: should have \tutorialpart
 | 
				
			||||||
 | 
					
 | 
				
			||||||
| 
						 | 
					
 | 
				
			||||||
							
								
								
									
										418
									
								
								presentations/1hr-GPL/1hr-GPL.markdown
									
										
									
									
									
										Normal file
									
								
							
							
						
						
									
										418
									
								
								presentations/1hr-GPL/1hr-GPL.markdown
									
										
									
									
									
										Normal file
									
								
							| 
						 | 
					@ -0,0 +1,418 @@
 | 
				
			||||||
 | 
					% Brief Introduction to the GNU General Public License
 | 
				
			||||||
 | 
					% Bradley M. Kuhn
 | 
				
			||||||
 | 
					% Monday 24 March 2014
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Audience Polls
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ My goal here is to move faster or slower based on audience knowledge.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ There are folks in this audience who have worked with this stuff for years,
 | 
				
			||||||
 | 
					  and those who are completely new.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ We want these presentations to be valuable to all of you.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Please, don't be embarrassed:
 | 
				
			||||||
 | 
					     + Ever GPL expert in the world, including me, started as a student who
 | 
				
			||||||
 | 
					       knew none of this.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# IANAL
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<cite>IANAL</cite>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# My Affiliations
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Formerly had John's job, Executive Director of FSF, years ago.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Currently: on Board of Directors of FSF.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ President of Software Freedom Conservancy.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# How These Orgs Relate to GPL?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ FSF
 | 
				
			||||||
 | 
					    + Invented copyleft.
 | 
				
			||||||
 | 
					    + Authors & stewards of the GPL.
 | 
				
			||||||
 | 
					    + Holder of copyrights on many key GNU programs …
 | 
				
			||||||
 | 
					    + … and therefore enforcers of those copyrights.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Software Freedom Conservancy
 | 
				
			||||||
 | 
					    + Adviser on legal issues of copyright, etc. to Free Software projects.
 | 
				
			||||||
 | 
					    + Holder of some copyrights on its member projects.
 | 
				
			||||||
 | 
					    + Enforcer of GPL on behalf of many copyright holders in:
 | 
				
			||||||
 | 
					    + BusyBox, Samba, Mercurial, and the kernel named Linux.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# How this Hour Will Go?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Materials presented will mix the simple & complex.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ We cannot possibly cover the entire GPL in one hour.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Discuss: motivations, origins, then a few of GPL's sections.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ I understand the mix of backgrounds in the audience.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# A Restaurant's Lawyer?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Considering why you want to learn this.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ What if your client was a restaurant?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ What would you want to need to know?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Restaurant Lawyer: What'd You Study?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ If you were a restaurant's lawyer:
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Probably three areas of law you'd focus on:
 | 
				
			||||||
 | 
					     + building codes.
 | 
				
			||||||
 | 
					     + health and safety regulations.
 | 
				
			||||||
 | 
					     + tax regulations.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Who would want to hear from?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Restaurant Lawyer: What'd You Study?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Figure out the motivations behind the building code:
 | 
				
			||||||
 | 
					      + What parts are arcane and less important to inspectors?
 | 
				
			||||||
 | 
					      + How do inspections work?
 | 
				
			||||||
 | 
					      + What are the penalties?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Figure out the same for health & safety:
 | 
				
			||||||
 | 
					      + Who inspects, and when?
 | 
				
			||||||
 | 
					      + What's the health code say, and what checklist do inspectors use?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Likely Questions:
 | 
				
			||||||
 | 
					      + Who's in charge of all this?
 | 
				
			||||||
 | 
					      + What's purpose and intent of these regulations?
 | 
				
			||||||
 | 
					      + Can I meet the inspectors?
 | 
				
			||||||
 | 
					      
 | 
				
			||||||
 | 
					# Why Listen To Us?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ FSF: Understanding the purpose and intent of the GPL.
 | 
				
			||||||
 | 
					    
 | 
				
			||||||
 | 
					+ Conservancy & FSF:
 | 
				
			||||||
 | 
					    + both enforce the GPL.
 | 
				
			||||||
 | 
					    + if your client violates, you will hear from one of us.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Such access to drafters, interpreters, enforcers is highly unique.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Someday, we may (or already have) sit across the table from you.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Our transparency does make your job easier. 
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# The Mindset of GPL
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ GPL protects software freedom.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Ultimate goal: make sure every user has the four freedoms.
 | 
				
			||||||
 | 
					     + Freedom to run the software.
 | 
				
			||||||
 | 
					     + Freedom to study and modify the software.
 | 
				
			||||||
 | 
					     + Freedom to share the software.
 | 
				
			||||||
 | 
					     + Freedom to distribute modified versions.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Every clause in GPL was designed to uphold one of these freedoms.
 | 
				
			||||||
 | 
					     + Or, it's a compromise of drafting in adoption vs. freedom debate.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Using Copyright
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ GPL is primarily a copyright license.
 | 
				
			||||||
 | 
					      + Software is copyrighted.
 | 
				
			||||||
 | 
					      + License grants key freedoms.
 | 
				
			||||||
 | 
					      + Requirement prohibit activities that take away freedoms.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ General concept: copyleft.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Specific implementation: GPL.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<hr/>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<span class="fitonslide">
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					> Copyright protection subsists … original works of authorship 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.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<p align=right>
 | 
				
			||||||
 | 
					 — <a href="http://www.law.cornell.edu/uscode/text/17/102">17 USC §102</a>
 | 
				
			||||||
 | 
					</p>
 | 
				
			||||||
 | 
					</span>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Conditional Permissions
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ A copyleft license grants copyright permissions, conditionally.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Think of the phrase: “provided that”
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ “provided that”: appears (in some form) only
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ 4 times in GPLv2
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ 9 times in GPLv3.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Compare To Proprietary Licenses
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Yes, the GPL has its requirements.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ But *none* of these activities are ever permitted under proprietary
 | 
				
			||||||
 | 
					  licenses.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ If you don't like what the GPL requires you to do, then just tell your
 | 
				
			||||||
 | 
					  client to use the proprietary software instead.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ That way, they know the answer to every question is “no&;rdquo;
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ rather than: “yes, but only as long as you …”
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# The Technical Gap
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Understanding GPL well requires a some software expertise & legal
 | 
				
			||||||
 | 
					  expertise.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ You don't have to be a professional on either side to grok it.
 | 
				
			||||||
 | 
					     + but you're best off if you're a professional in one & an amateur
 | 
				
			||||||
 | 
					       in the other. 
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Most important technical concepts you need:
 | 
				
			||||||
 | 
					     + source code, binaries, methods of distribution.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Considering Sections of the GPL
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ With the remaining time …
 | 
				
			||||||
 | 
					     + in interest of the experts in the audience …
 | 
				
			||||||
 | 
					     + let's dig into a few specific sections.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ GPL ♥ 17 USC§106(2) & 17 USC§106(3)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Modification and distribution.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Why Permission to Modify?
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Your new copyrights are your copyrights:
 | 
				
			||||||
 | 
					     + you are affixing it in a tangible medium.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Exclusive right of copyright holders:
 | 
				
			||||||
 | 
					     + Control on “preparation of derivative works”
 | 
				
			||||||
 | 
					     + Distribution of the work.
 | 
				
			||||||
 | 
					     + Note the combination of these.
 | 
				
			||||||
 | 
					     
 | 
				
			||||||
 | 
					+ Again, see 17 USC§106
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ N.B.: “derivative works” is USA-centric, modify is more international)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Modification As a Center Provision
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ GPL's primary copyright hook is copyright controls on the right to modify.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ GPL's central tenant:
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ You can make a modified version of various types privately as much as you'd like.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ When you distribute that modified version, you have requirements to meet.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Technological considerations dictate necessity of more complex rules for
 | 
				
			||||||
 | 
					certain types of modifications.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# GPLv2 § 2(a-b)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<span class="fitonslide">
 | 
				
			||||||
 | 
					<p>[GPLv2§]2. You may modify your copy or copies of the Program or any
 | 
				
			||||||
 | 
					portion of it, thus forming a work based on the Program, and copy and
 | 
				
			||||||
 | 
					distribute such modifications or work under the terms of Section 1 above,
 | 
				
			||||||
 | 
					provided that you also meet all of these conditions:
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					a) You must cause the modified files to carry prominent notices stating
 | 
				
			||||||
 | 
					that you changed the files and the date of any change.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					b) You must cause any work that you distribute or publish, that in
 | 
				
			||||||
 | 
					whole or in part contains or is derived from the Program or any
 | 
				
			||||||
 | 
					part thereof, to be licensed as a whole at no charge to all third
 | 
				
			||||||
 | 
					parties under the terms of this License.
 | 
				
			||||||
 | 
					</p>
 | 
				
			||||||
 | 
					</span>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# GPLv3§5(a-c)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<span class="fitonslide">
 | 
				
			||||||
 | 
					<p>
 | 
				
			||||||
 | 
					You may convey a work based on the Program, or the modifications to
 | 
				
			||||||
 | 
					produce it from the Program, in the form of source code under the
 | 
				
			||||||
 | 
					terms of section 4, provided that you also meet all of these conditions:
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					a) The work must carry prominent notices stating that you modified it, and
 | 
				
			||||||
 | 
					giving a relevant date.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					b) The work must carry prominent notices stating that it is released under
 | 
				
			||||||
 | 
					this License and any conditions added under section 7.  This requirement
 | 
				
			||||||
 | 
					modifies the requirement in section 4 to "keep intact all notices".
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					c) You must license the entire work, as a whole, under this License to anyone
 | 
				
			||||||
 | 
					who comes into possession of a copy.  This License will therefore apply,
 | 
				
			||||||
 | 
					along with any applicable section 7 additional terms, to the whole of the
 | 
				
			||||||
 | 
					work, and all its parts, regardless of how they are packaged.  This License
 | 
				
			||||||
 | 
					gives no permission to license the work in any other way, but it does not
 | 
				
			||||||
 | 
					invalidate such permission if you have separately received it.
 | 
				
			||||||
 | 
					</p>
 | 
				
			||||||
 | 
					</span>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# GPLv2§2¶ ante-penultimate & penultimate
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<span class="fitonslide">
 | 
				
			||||||
 | 
					<p>
 | 
				
			||||||
 | 
					These requirements apply to the modified work as a whole.  If
 | 
				
			||||||
 | 
					identifiable sections of that work are not derived from the Program,
 | 
				
			||||||
 | 
					and can be reasonably considered independent and separate works in
 | 
				
			||||||
 | 
					themselves, then this License, and its terms, do not apply to those
 | 
				
			||||||
 | 
					sections when you distribute them as separate works.  But when you
 | 
				
			||||||
 | 
					distribute the same sections as part of a whole which is a work based
 | 
				
			||||||
 | 
					on the Program, the distribution of the whole must be on the terms of
 | 
				
			||||||
 | 
					this License, whose permissions for other licensees extend to the
 | 
				
			||||||
 | 
					entire whole, and thus to each and every part regardless of who wrote it.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					Thus, it is not the intent of this section to claim rights or contest
 | 
				
			||||||
 | 
					your rights to work written entirely by you; rather, the intent is to
 | 
				
			||||||
 | 
					exercise the right to control the distribution of derivative or
 | 
				
			||||||
 | 
					collective works based on the Program.
 | 
				
			||||||
 | 
					</p>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					</span>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# GPLv3 §0 ¶1-5
 | 
				
			||||||
 | 
					<span class="fitonslide">
 | 
				
			||||||
 | 
					<p>
 | 
				
			||||||
 | 
					  "Copyright" also means copyright-like laws that apply to other kinds of
 | 
				
			||||||
 | 
					works, such as semiconductor masks.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					  "The Program" refers to any copyrightable work licensed under this
 | 
				
			||||||
 | 
					License.  Each licensee is addressed as "you".  "Licensees" and
 | 
				
			||||||
 | 
					"recipients" may be individuals or organizations.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					To "modify" a work means to copy from or adapt all or part of the work
 | 
				
			||||||
 | 
					in a fashion requiring copyright permission, other than the making of an
 | 
				
			||||||
 | 
					exact copy.  The resulting work is called a "modified version" of the
 | 
				
			||||||
 | 
					earlier work or a work "based on" the earlier work.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					  A "covered work" means either the unmodified Program or a work based
 | 
				
			||||||
 | 
					on the Program.
 | 
				
			||||||
 | 
					</p>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# Binaries (i.e., Object Code) are Modifications
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Software that the computer understands is different than software humans
 | 
				
			||||||
 | 
					  read.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ There is often a process required to modify (and/or translate) the software
 | 
				
			||||||
 | 
					  from human-readable
 | 
				
			||||||
 | 
					      + This process can be done ahead of time.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Separation of source and binary was the first way proprietary software
 | 
				
			||||||
 | 
					  companies discovered to subjugate users.
 | 
				
			||||||
 | 
					      + GPL uses the fact that binaries are modifications (which are often
 | 
				
			||||||
 | 
					        distribution) to prevent that subjugation.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# GPLv2 § 3(a-b)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<span class="fitonslide">
 | 
				
			||||||
 | 
					<p>
 | 
				
			||||||
 | 
					<p>[GPLv2§]3. You may copy and distribute the Program (or a work based on it,
 | 
				
			||||||
 | 
					under Section 2) in object code or executable form under the terms of
 | 
				
			||||||
 | 
					Sections 1 and 2 above provided that you also do one of the following:
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					a) Accompany it with the complete corresponding machine-readable
 | 
				
			||||||
 | 
					source code, which must be distributed under the terms of Sections
 | 
				
			||||||
 | 
					1 and 2 above on a medium customarily used for software interchange; or,
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					b) Accompany it with a written offer, valid for at least three
 | 
				
			||||||
 | 
					years, to give any third party, for a charge no more than your
 | 
				
			||||||
 | 
					cost of physically performing source distribution, a complete
 | 
				
			||||||
 | 
					machine-readable copy of the corresponding source code, to be
 | 
				
			||||||
 | 
					distributed under the terms of Sections 1 and 2 above on a medium
 | 
				
			||||||
 | 
					customarily used for software interchange;
 | 
				
			||||||
 | 
					</p>
 | 
				
			||||||
 | 
					</span>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# GPLv3 § 6(a-b)
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<span class="fitonslide">
 | 
				
			||||||
 | 
					<p>
 | 
				
			||||||
 | 
					[GPLv3 § ] 6. Conveying Non-Source Forms.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					You may convey a covered work in object code form under the terms
 | 
				
			||||||
 | 
					of sections 4 and 5, provided that you also convey the
 | 
				
			||||||
 | 
					machine-readable Corresponding Source under the terms of this License,
 | 
				
			||||||
 | 
					in one of these ways:
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					a) Convey the object code in, or embodied in, a physical product
 | 
				
			||||||
 | 
					(including a physical distribution medium), accompanied by the
 | 
				
			||||||
 | 
					Corresponding Source fixed on a durable physical medium
 | 
				
			||||||
 | 
					customarily used for software interchange.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					b) Convey the object code in, or embodied in, a physical product
 | 
				
			||||||
 | 
					(including a physical distribution medium), accompanied by a
 | 
				
			||||||
 | 
					written offer, valid for at least three years and valid for as
 | 
				
			||||||
 | 
					long as you offer spare parts or customer support for that product
 | 
				
			||||||
 | 
					model, to give anyone who possesses the object code either (1) a
 | 
				
			||||||
 | 
					copy of the Corresponding Source for all the software in the
 | 
				
			||||||
 | 
					product that is covered by this License, on a durable physical
 | 
				
			||||||
 | 
					medium customarily used for software interchange, for a price no
 | 
				
			||||||
 | 
					more than your reasonable cost of physically performing this
 | 
				
			||||||
 | 
					conveying of source, or (2) access to copy the
 | 
				
			||||||
 | 
					Corresponding Source from a network server at no charge.
 | 
				
			||||||
 | 
					</p>
 | 
				
			||||||
 | 
					</span>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# GPLv3 § 1 ¶ 1, 4-6
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					<span class="fitonslide">
 | 
				
			||||||
 | 
					<p>
 | 
				
			||||||
 | 
					The "source code" for a work means the preferred form of the work
 | 
				
			||||||
 | 
					for making modifications to it.  "Object code" means any non-source
 | 
				
			||||||
 | 
					form of a work.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					The "Corresponding Source" for a work in object code form means all the
 | 
				
			||||||
 | 
					source code needed to generate, install, and (for an executable work) run the
 | 
				
			||||||
 | 
					object code and to modify the work, including scripts to control those
 | 
				
			||||||
 | 
					activities.  However, it does not include the work's System Libraries, or
 | 
				
			||||||
 | 
					general-purpose tools or generally available free programs which are used
 | 
				
			||||||
 | 
					unmodified in performing those activities but which are not part of the work.
 | 
				
			||||||
 | 
					For example, Corresponding Source includes interface definition files
 | 
				
			||||||
 | 
					associated with source files for the work, and the source code for shared
 | 
				
			||||||
 | 
					libraries and dynamically linked subprograms that the work is specifically
 | 
				
			||||||
 | 
					designed to require, such as by intimate data communication or control flow
 | 
				
			||||||
 | 
					between those subprograms and other parts of the work.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					The Corresponding Source need not include anything that users
 | 
				
			||||||
 | 
					can regenerate automatically from other parts of the Corresponding
 | 
				
			||||||
 | 
					Source.
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					<br/>
 | 
				
			||||||
 | 
					The Corresponding Source for a work in source code form is that
 | 
				
			||||||
 | 
					same work.
 | 
				
			||||||
 | 
					</p>
 | 
				
			||||||
 | 
					</span>
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					# The GPL is a Complex Topic
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ An in-depth seminar on GPL's provisions is a one-day course …
 | 
				
			||||||
 | 
					     + … but the written materials discuss every section in depth.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Keep in mind: every requirement has a carefully considered purpose to
 | 
				
			||||||
 | 
					  uphold freedom of users.
 | 
				
			||||||
 | 
					
 | 
				
			||||||
 | 
					+ Software freedom licenses have a moral perspective.
 | 
				
			||||||
 | 
					      + This is probably the most difficult thing for lawyers to understand.
 | 
				
			||||||
		Loading…
	
	Add table
		
		Reference in a new issue