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

published circa late 2006-07, (around time of GPLv3 Second Discussion Draft)

I (Bradley M. Kuhn) carefully went through FSF's "DRM", which appears to have
been published on Thursday 27 July 2006, and merged in any relevant footnotes
that might be of use in this tutorial.

The raw material used for this commit can be found here:
    http://gplv3.fsf.org/opinions-draft-2.html
Specifically, a copy of the LaTeX sources are here:
    http://gplv3.fsf.org/gpl3-dd1to2-markup-rationale.tex

As I merged in this text, I added FIXME's where it seemed the text was
incomplete or referred to parts of GPLv3 draft text that disappeared in later
versions.

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

  Copyright © 2006 Free Software Foundation, Inc.

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

However, I am hereby relicensing this material to CC-By-SA-4.0, with the
verbal permission from John Sullivan, Executive Director of the FSF, which
was given to me during a conference call on Wednesday 12 February 2014.  I
also confirmed that relicensing permission on IRC with johnsu01 today.
This commit is contained in:
Free Software Foundation, Inc 2006-07-27 12:13:49 -04:00 committed by Bradley M. Kuhn
parent da7e0da128
commit 520451439f

View file

@ -2349,6 +2349,14 @@ copies within an organization. In many countries the term ``making available
to the public'' or ``communicating to the public'' is the closest counterpart
to the generalized notion of distribution that exists under USA law.
% FIXME: Connect up with: Indeed or something like that.
The
copyright laws of many countries other than the United States, as well
as certain international copyright treaties, recognize ``making
available to the public'' or ``communication to the public'' as one of
the exclusive rights of copyright holders.
Therefore, the GPL defines the term ``propagate'' by reference to activities
that require permission under ``applicable copyright law'', but excludes
execution and private modification from the definition. GPLv3's definition
@ -2432,6 +2440,13 @@ make completely clear that a licensee cannot avoid complying with the
requirements of the GPL by dynamically linking an add-on component to the
original version of a program.
%FIXME: Merge this in with previous paragarph
The definition of Corresponding Source (``Complete Corresponding Source
Code'' in Draft1) is the most complex definition in the license.
% FIXME: This needs work
Though the definition of Complete Corresponding Source Code in the
second paragraph of section 1 is expansive, it is not sufficient to
protect users' freedoms in many circumstances. For example, a GPL'd
@ -2441,6 +2456,20 @@ a particular machine and function properly. Similarly, a program that
produces digitally-restricted files might require a decryption code in
order to read the output.
% FIXME: FSF third person, and verify it still matches GPLv3 text.
We clarify that the shared libraries and dynamically linked subprograms that
are included in Corresponding Source are those that the work is
``specifically'' designed to require, making it clearer that they do not
include libraries invoked by the work that can be readily substituted by
other existing implementations.
% FIXME: merge in with a forward-reference to Installation Information.
s long as users are truly in a position to install and run
their modified versions of the program
% FIXME: Standard Interface
% FIXME: System Libraries: it's in a different place and changed in later drafts
@ -2492,6 +2521,14 @@ run the program is terminated if the licensee brings a patent infringement
lawsuit against anyone for activities relating to a work based on the
program.
% FIXME: transition, and some word smith
The explicit prohibition of sublicensing ensures that enforcement of the GPL
is always by the copyright holder. Usually, sublicensing is regarded as a
practical convenience or necessity for the licensee, to avoid having to
negotiate a license with each licensor in a chain of distribution. The GPL
solves this problem in another way, through its automatic licensing
provision.
% FIXME: new section here, just to talk DRM before the other section.
Technological measures to defeat users' rights --- often described by such
@ -2597,6 +2634,29 @@ that apply to parts of the program. In addition, the distributor is required
to keep intact all license notices, including notices of such additional
terms.
% FIXME: needs context, needs match up to current text, and removal of stuff
% that's no longer there
The original wording of this clause was meant to
make clear that the GPL permits one to charge for the distribution of
software. Despite our efforts to explain this in the license and in
other documents, there are evidently some who believe that the GPL
allows charging for services but not for selling software, or that the
GPL requires downloads to be gratis. We referred to charging a ``fee'';
the term ``fee'' is generally used in connection with services. Our
original wording also referred to ``the physical act of transferring.''
The intention was to distinguish charging for transfers from attempts to
impose licensing fees on all third parties. ``Physical'' might be read,
however, as suggesting ``distribution in a physical medium only.'' In
our revised wording we use ``price'' in place of ``fee,'' and we remove
the term ``physical.''
% FIXME: say more and tie it to the text
There is no harm in explicitly pointing out what ought to be obvious: that
those who convey GPL-covered software may offer commercial services for the
support of that software.
\section{GPLv3~\S5: Modified Source}
% FIXME: 5(a) is slightly different in final version
@ -2743,6 +2803,18 @@ program might not have the keys.
% FIXME: installation information
% FIXME: This needs merged in somewhere in here
The mere fact that use of the work implies that the user \textit{has} the key
may not be enough to ensure the user's freedom in using it. The user must
also be able to read and copy the key; thus, its presence in a special
register inside the computer does not satisfy the requirement. In an
application in which the user's personal key is used to protect privacy or
limit distribution of personal data, the user clearly has the ability to read
and copy the key, which therefore is not included in the Corresponding
Source. On the other hand, if a key is generated based on the object code, or
is present in hardware, but the user cannot manipulate that key, then the key
must be provided as part of the Corresponding Source.
% FIXME: this came from Section 1 but is now mostly in Section 6
@ -2766,7 +2838,11 @@ put.\footnote{There is a clear distinction between this situation and the
authentication key would also not qualify as part of the Corresponding
Source under the language we have adopted for Draft 2.}
%FIXME: publicly documented format
%FIXME: publicly documented format. This might work as a start on that:
Our primary objective here was to ensure that the
distributor use a generally-recognized mechanism for packaging source
code.
\section{Understanding License Compatibility}
\label{license-compatibility}
@ -3054,15 +3130,44 @@ of rights under the license.
\section{GPLv3~\S9: Acceptance}
% FIXME
% FIXME: needs some work here
Section 9 means what it says: mere receipt or execution of code neither
requires nor signifies contractual acceptance under the GPL. Speaking more
broadly, we have intentionally structured our license as a unilateral grant
of copyright permissions, the basic operation of which exists outside of any
law of contract. Whether and when a contractual relationship is formed
between licensor and licensee under local law do not necessarily matter to
the working of the license.
\section{GPLv3~\S10: Explicit Downstream License}
% FIXME
% FIXME: needs filled out and more here.
Draft1 removed the words ``at no charge'' from what is now subsection 5b, the
core copyleft provision, for reasons related to our current changes to the
second paragraph of section 4: it had contributed to a misconception that the
GPL did not permit charging for distribution of copies. The purpose of the
``at no charge'' wording was to prevent attempts to collect royalties from
third parties. The removal of these words created the danger that the
imposition of licensing fees would no longer be seen as a license
violation.
We therefore have added a new explicit prohibition on imposition of licensing
fees or royalties in section 10. This section is an appropriate place for
such a clause, since it is a specific consequence of the general requirement
that no further restrictions be imposed on downstream recipients of
GPL-covered code.
\section{GPLv3~\S11: Explicit Patent Licensing}
\label{GPLv3s11}
The patent licensing practices that section 7 of GPLv2 (corresponding to
section 12 of GPLv3) was designed to prevent are one of several ways in which
software patents threaten to make free programs non-free and to prevent users
from exercising their rights under the GPL. GPLv3 takes a more comprehensive
approach to combatting the danger of patents.
% FIXME: just brought in words here, needs rewriting.
is rooted in the basic principles of the GPL.
@ -3212,6 +3317,14 @@ program author or copyright holder purports to supplement the GPL with
a choice of law clause, section 7 now permits any licensee to remove
that clause.
% FIXME: does this need to be a section, describing how it was out then in
% then out then in? :)
We have removed from this draft the appended section on ``How to Apply These
Terms to Your New Programs.'' For brevity, the license document can instead
refer to a web page containing these instructions as a separate document.
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{The Lesser GPL}