diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index e4f08d7..8876c1c 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -1053,9 +1053,9 @@ only rarely a better option than complying via \S 3(a). The last chapter presented the core freedom-defending provisions of GPL\@, which are in \S\S 0--3. \S\S 4--7 of the GPL are designed to ensure that -\S\S 0--3 are not infringed, are enforcable, are kept to the confines of +\S\S 0--3 are not infringed, are enforceable, are kept to the confines of copyright law and are not trumped by other copyright agreements or -components of other entirely seperate legal systems. In short, while \S\S +components of other entirely separate legal systems. In short, while \S\S 0--3 are the parts of the license that defend the freedoms of users and programmers, \S\S 4--7 are the parts of the license that keep the playing field clear so that \S\S 0--3 can do their jobs. @@ -1064,7 +1064,7 @@ field clear so that \S\S 0--3 can do their jobs. \label{GPLs4} \S 4--5 are, in my opinion, the heart of the GPL\@. \S\S 0--3 are -important in their efforts to set forth in clear legal langauge the +important in their efforts to set forth in clear legal language the doctrine of copyleft. However, \S 4--5 are the glue that holds \S\S 0--3 together. @@ -1077,7 +1077,7 @@ and this termination clause becomes clear. The GPL is irrevocable in the sense that once a copyright holder grants rights for someone to copy, modify and redistribute the software under terms of the GPL, they cannot later revoke that grant. Since the GPL has -no provision allowing the copyright holder to take such a pregoative, the +no provision allowing the copyright holder to take such a prerogative, the license is granted as long as the copyright remains in effect\footnote{In the USA< due to unfortunate legislation, this is nearly perpetual, even though the Constitution forbids it.}. The copyright holder has the @@ -1105,35 +1105,66 @@ copying, modification and distribution of that GPL'ed software. At that point, violating licensees must gain the forgiveness of the copyright holder to have their rights restored. Alternatively, they could -negotiate another agreement, seperate from GPL, with the copyright +negotiate another agreement, separate from GPL, with the copyright holder. Both are common practice. At FSF, it is part of the mission to spread software freedom. When FSF enforces GPL, the goal is to bring the violator back into compliance as quickly as possible, and redress the damage caused by the violation. -That is FSF's steadfast position in a violation negotation --- comply +That is FSF's steadfast position in a violation negotiation --- comply with the license and respect freedom. However, other entities who do not share the full ethos of software -freedom as institiualized by FSF persue GPL violations differently. MySQL +freedom as institutionalized by FSF pursue GPL violations differently. MySQL AB, a company that produces the GPL'ed MySQL database, upon discovering GPL violations typically negotiates a proprietary software license -sepearately for a fee. While this practice is not one that FSF would ever +separately for a fee. While this practice is not one that FSF would ever consider undertaking or even endorsing, it is a legal way for copyright holders to proceed. \section{GPL \S 5: Acceptance, Copyright Style} \label{GPLs5} +\S 5 brings us to perhaps the most fundamental misconception and common +confusion about GPL\@. Because of the prevalence of proprietary software, +most users, programmers, and lawyers alike tend to be more familiar with +EULAs. EULAs are believed by their authors to be contracts, requiring +formal agreement between the licensee and the software distributor to be +valid. This has led to mechanisms like ``shrink-wrap'' and ``click-wrap'' +as mechanisms to perform acceptance ceremonies with EULAs. + +The GPL does not need contract law to ``transfer rights''. No rights are +transfered between parties. By contrast, the GPL is permission slip to +undertake activities that would otherwise been prohibited by copyright law. +As such, it needs no acceptance ceremony; the licensee is not even +required to accept the license. + +However, without the GPL, the activities of copying, modifying and +distributing the software would have otherwise been prohibited. So, the +GPL says that you only accepted the license by undertaking activities that +you would have otherwise been prohibited without your license under GPL\@. +This is a certainly subtle point, and requires a mindset quite different +from the contractual approach taken by EULA authors. + +An interesting side benefit to \S 5 is that the bulk of users of Free +Software are not required to accept the license. Undertaking fair and +unregulated use of the work, for example, does not bind you to the GPL, +since you are not engaging in activity that is otherwise controlled by +copyright law. Only when you engage in those activities that might have an +impact on the freedom of others does license acceptance occur and the +terms begin to bind you to fair and equitable sharing of the software. In +other words, the GPL only kicks in when it needs to for the sake of +freedom. + +\section{GPL \S 6: GPL, My One and Only} +\label{GPLs6} + Under copyright law, the GPL has granted various rights and freedoms to the licensee to perform acts of copying, modification, and redistribution that would otherwise have been prohibited by default. Since, barring special permission from the copyright holder, the GPL is a licensee's one and only license to the software (thanks to \S 6), -\section{GPL \S 6: GPL, My One and Only} -\label{GPLs6} - \section{GPL \S 7: ``Give My Software Liberty of Give It Death!''} \label{GPLs7} @@ -1610,4 +1641,4 @@ General Public License instead of this License. % LocalWords: proprietarize redistributors sublicense yyyy Gnomovision EULAs % LocalWords: Yoyodyne FrontPage improvers Berne copyrightable Stallman's GPLs -% LocalWords: Lessig Lessig's UCITA pre PDAs CDs reshifts +% LocalWords: Lessig Lessig's UCITA pre PDAs CDs reshifts GPL's Gentoo