Some edits to chapter 1, mostly stylistic and minor.
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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -110,13 +110,14 @@ to have learned the following:
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Study of the GNU General Public License (herein, abbreviated as \defn{GNU
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GPL} or just \defn{GPL}) must begin by first considering the broader world
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of software freedom. The GPL was not created from a void, rather, it was
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of software freedom. The GPL was not created in a vacuum. Rather, it was
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created to embody and defend a set of principles that were set forth at the
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founding of the GNU project and the Free Software Foundation (FSF) -- the
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organization that upholds, defends and promotes the philosophy of software
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freedom. A prerequisite for understanding both of the popular versions of GPL
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preeminent organization that upholds, defends and promotes the philosophy of software
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freedom. A prerequisite for understanding both of the popular versions
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of the GPL
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(GPLv2 and GPLv3) and their terms and conditions is a basic understanding of
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the principles behind it. The GPL family of licenses are unlike almost all
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the principles behind them. The GPL family of licenses are unlike nearly all
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other software licenses in that they are designed to defend and uphold these
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principles.
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@ -155,7 +156,7 @@ Besides having a different political focus than those who call it Free
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Software,\footnote{The political differences between the Free Software
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Movement and the Open Source Movement are documented on FSF's Web site at
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{\tt http://www.fsf.org/licensing/essays/free-software-for-freedom.html}.}
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those who call the software ``Open Source'' are often focused on a side
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Those who call the software ``Open Source'' are often focused on a side
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issue. Specifically, user access to the source code of a program is a
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prerequisite to make use of the freedom to modify. However, the important
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issue is what freedoms are granted in the license of that source code.
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@ -166,7 +167,7 @@ exercise these freedoms noncommercially or commercially. Licenses that grant
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these freedoms for noncommercial activities but prohibit them for commercial
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activities are considered non-free. Even the Open Source Initiative
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(\defn{OSI}) (the arbiter of what is considered ``Open Source'') also rules
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such licenses not in fitting with their ``Open Source Definition''.
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such licenses not in fitting with its ``Open Source Definition''.
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In general, software for which most or all of these freedoms are
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restricted in any way is called ``non-Free Software.'' Typically, the
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@ -178,19 +179,20 @@ commercial software that restricts freedom (such as nearly all of
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Microsoft's and Oracle's offerings).
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Keep in mind that the none of the terms ``software freedom'', ``open source''
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and ``free software'' are not known to be trademarked by any organization in
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and ``free software'' are known to be trademarked or otherwise legally
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restricted by any organization in
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any jurisdiction. As such, it's quite common that these terms are abused and
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misused by parties who wish to bank on the popularity of software freedom.
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When one considers using, modifying or redistributing a software package that
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purports to be Open Source or Free Software, one \textbf{must} verify that
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the license grants software freedom
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the license grants software freedom.
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Furthermore, throughout this text, we generally prefer the term ``software
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freedom'', as this is the least ambiguous term available to describe software
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that meets the Free Software Definition. For example, it is well known and
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often discussed that the adjective ``free'' has two unrelated meanings in
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English: ``free as in freedom'' and ``free as in price''. Meanwhile, the
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term ``open source'' is even more confusing, because it refers only to the
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term ``open source'' is even more confusing, because it appears to refer only to the
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``freedom to study'', which is merely a subset of one of the four freedoms.
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The remainder of this section considers each of each component of software
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@ -198,14 +200,14 @@ freedom in detail.
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\subsection{The Freedom to Run}
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The first tenant of software freedom is the user's fully unfettered right to
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The first tenet of software freedom is the user's fully unfettered right to
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run the program. The software's license must permit any conceivable use of
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the software. Perhaps, for example, the user has discovered an innovative
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use for a particular program, one that the programmer never could have
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predicted. Such a use must not be restricted.
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It was once rare that this freedom was restricted by even proprietary
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software; but such is quite common today. Most End User Licensing Agreements
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software; but such is quite common today. Most End User License Agreements
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(EULAs) that cover most proprietary software typically restrict some types of
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uses. Such restrictions of any kind are an unacceptable restriction on
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software freedom.
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@ -219,11 +221,11 @@ of this freedom. Without the source code, and the ability to build and
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install the binary applications from that source, users cannot effectively
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exercise this freedom.
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Programmers take direct benefit from this freedom. However, this freedom
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Programmers directly benefit from this freedom. However, this freedom
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remains important to users who are not programmers. While it may seem
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counterintuitive at first, non-programmer users often exercise this freedom
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indirectly in both commercial and noncommercial settings. For example, users
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often seek noncommercial help with the software on email lists and in users
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often seek noncommercial help with the software on email lists and in user
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groups. To make use of such help they must either have the freedom to
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recruit programmers who might altruistically assist them to modify their
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software, or to at least follow rote instructions to make basic modifications
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@ -246,7 +248,8 @@ respect software freedom, therefore, permit altruistic sharing of software
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among friends.
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The commercial environment also benefits of this freedom. Commercial sharing
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includes selling copies of Free Software: Free Software can be sold at any
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includes selling copies of Free Software: that is, Free Software can
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be distribted for any monetary
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price to anyone. Those who redistribute Free Software commercially also have
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the freedom to selectively distribute (i.e., you can pick your customers) and
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to set prices at any level that redistributor sees fit.
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@ -270,9 +273,13 @@ share commercially.)
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The freedom to modify and improve is somewhat empty without the freedom to
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share those improvements. The Software freedom community is built on the
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pillar of altruistic sharing of improved Free Software. Inevitably, a
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Free Software project sprouts a mailing list where improvements are shared
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freely among members of the development community. Such noncommercial
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pillar of altruistic sharing of improved Free Software. Historically
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it was typical for a
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Free Software project to sprout a mailing list where improvements
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would be shared
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freely among members of the development community. This is still
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commonly the case, though today there are other or additional ways of
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sharing Free Software. Such noncommercial
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sharing is the primary reason that Free Software thrives.
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Commercial sharing of modified Free Software is equally important.
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@ -331,7 +338,7 @@ software (For details of this in the USA, see
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\textit{United States Code}).\footnote{Copyright law in general also governs
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``public performance'' of copyrighted works. There is no generally agreed
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definition for public performance of software and both GPLv2 and GPLv3 do
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not govern public performance.} By law (in the USA and in most other
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not restrict public performance.} By law (in the USA and in most other
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jurisdictions), the copyright holder (most typically, the author) of the work controls
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how others may copy, modify and/or distribute the work. For proprietary
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software, these controls are used to prohibit these activities. In addition,
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@ -339,14 +346,14 @@ proprietary software distributors further impede modification in a practical
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sense by distributing only binary code and keeping the source code of the
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software secret.
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Copyright is not a natural state, it is a legal construction. In the USA, the
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Copyright is not a natural state, it is a legal construction. In the US, the
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Constitution permits, but does not require, the creation of copyright law as
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federal legislation. Software, since it is ``an original works of authorship
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fixed in any tangible medium of expression ... from which they can be
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perceived, reproduced, or otherwise communicated, either directly or with the
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aid of a machine or device'' (as stated in
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\href{http://www.law.cornell.edu/uscode/text/17/102}{17 USC \S~102}), is thus
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covered by the statues, and is copyrighted by default.
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covered by the statute, and is copyrighted by default.
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However, software, in its natural state without copyright, is Free
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Software. In an imaginary world with no copyright, the rules would be
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@ -360,8 +367,10 @@ versions.\footnote{Note that this is again an oversimplification; the
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Software in the real world is copyrighted by default and is automatically
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covered by that legal system. However, it is possible to move software out
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of the domain of the copyright system. A copyright holder can often
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\defn{disclaim} their copyright. If copyright is disclaimed, the software is
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not governed by copyright law. Software not governed by copyright is in the
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\defn{disclaim} their copyright (for example, under US copyright law
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it is possible for a copyright holder to engage in conduct resulting
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in abandonment of copyright). If copyright is disclaimed, the software is
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effectively no longer restricted by copyright law. Software not restricted by copyright is in the
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``public domain.''
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\subsection{Public Domain Software}
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