* Wrote most of GPL Section 0 Section

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Bradley M. Kuhn 2003-05-28 23:01:46 +00:00 committed by Bradley M. Kuhn
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@ -556,8 +556,10 @@ Like jazz, or novels, or architecture, the law gets built upon the work
that went before. This adding and changing is what creativity always is.
And a free society is one that assures that its most important resources
remain free in just this sense.\footnote{This quotation is Copyright
\copyright{} 2002, Lawrence Lessig. Verbatim copying of this quotation
in its entirety is permitted provided this notice is preserved.}
\copyright{} 2002, Lawrence Lessig. It is licensed under the terms of
\href{http://creativecommons.org/licenses/by/1.0/}{the ``Attribution
License'', version 1.0} or any later version as published by Creative
Commons.}
\end{quotation}
In essence, lawyers are paid to service the shared commons of legal
@ -574,12 +576,97 @@ economy.
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Copying, Modifying and Redistributing}
This chapter begins the deep discussion of the details of the terms of
GPL\@. In this chapter, we consider the core terms: GPL \S\S 0--3. These
are the sections of the GPL that fundamentally define the legal details of
how software freedom is respected.
\section{GPL, \S 0: Freedom to Run}
\S 0, the opening section of GPL, sets forth that the work is governed by
copyright law. It specifically points out that it is the ``copyright
holder'' who decides if a work is licensed under its terms, and explains
how the copyright holder might indicate this fact.
A bit more subtly, \S 0 makes an inference that copyright law is the only
system under which it is governed. Specifically, it states:
\begin{quote}
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope.
\end{quote}
In essence, the license governs \emph{only} those activites and all other
activities are unrestricted, provided that no other agreements trump GPL
(which they cannot; see Sections~\ref{GPLs6} and~\ref{GPLs7}). This is
very important, because the Free Software community heavily supports
users' rights to ``fair use'' and ``unregulated use'' of copyrighted
material. GPL asserts through this clause that it supports users' rights
to fair and unregulated uses.
Fair use of copyrighted material is an established legal doctrine that
permits certain activities. 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 reverse engineering software.
Fair use is a doctrine established by the courts or by statute. By
contrast, unregulated uses are those that are not covered by the statue
nor determined by a court to be covered, but are common and enjoyed by
many users. An example of unregulated use is reading a program like a
novel for the purpose of learning how to be a better programmer.
\medskip
Thus, the GPL protects users fair and uregulated use rights precisely by
not attempting to cover them. Furthermore, the GPL ensures the freedom
to run specifically by stating the following:
\begin{quote}
The act of running the Program is not restricted
\end{quote}
Thus, users are explicitly given the freedom to run by \S 0.
\medskip
The bulk of \S 0 not mentioned here gives definitions for other terms used
throughout. The only one worth discussing in detail is ``work based on
the Program''. The reason this definition is particular interesting is
that
\section{GPL, \S 1}
\section{GPL, \S 2}
\section{GPL, \S 3}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Defending Freedom On Many Fronts}
\section{GPL, Section 4}
\section{GPL, Section 5}
\label{GPLs5}
\section{GPL, Section 6}
\label{GPLs6}
\section{GPL, Section 7}
\label{GPLs7}
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Odds, Ends, and Absolutely No Warranty}
There was a case where the disclaimer of a contract was negated because it
was not "conspicuous" to the person entering into the contract. Therefore,
to make such language "conspicuous" people started bolding it. My question
has always been, does that mean all the other parts of the document aren't
important such that they too need to be "conspicuous."
As for disclaiming warranties, remember that there are many types of
warranties, and in some jurisdictions some of them cannot be disclaimed.
Therefore, usually agreements will have both a warranty disclaimer and a
limitation of liability. The former gets rid of everything that can be
gotten rid of, while the latter limits the liability of the actor for any
warranties that cannot be disclaimed (such as personal injury, etc.).
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
\chapter{Business Models, Internal Use, and Compliance}