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