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