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* Wrote about GPL Section 7

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Bradley M. Kuhn 2003-05-29 19:15:47 +00:00
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GPL-Business/ChangeLog
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@ -10,6 +10,9 @@
(section{GPL \S 5: Acceptance, Copyright Style}): Wrote section.
(section{GPL \S 6: GPL, My One and Only}): Wrote section.
(section{GPL \S 8: }): Moved to previous chapter.
Added typo fixes from Ammad.
(section{GPL \S 7: ``Give Software Liberty of Give It Death!''}):
Wrote section.
2003-05-28 Bradley M. Kuhn <bkuhn@fsf.org>

34
GPL-Business/gpl-business.tex
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@ -862,21 +862,21 @@ truly GPL'ed.
Software is a strange beast when compared to other copyrightable works.
It is currently impossible to make a film or a book that can be truly
obscured. Ultimately, the full text of a novel must presented to the
reader as words in some human-readable langauge so that they can enjoy the
work. A film, even one directed by David Lynch, must be perceptable by
reader as words in some human-readable language so that they can enjoy the
work. A film, even one directed by David Lynch, must be perceptible by
human eyes and ears to have any value.
Software is not so. While the source code, the human-readible
Software is not so. While the source code, the human-readable
representation of software is of keen interest to programmers, users and
programmers alike cannot make the proper use of software in that
human-readible form. Binary code --- the ones and zeros that the computer
can understand --- must be producable and attainable for the software to
human-readable form. Binary code --- the ones and zeros that the computer
can understand --- must be predicable and attainable for the software to
be fully useful. Without the binaries, be they in object or executable
form, the software serves only the diadactic purposes of computer science.
form, the software serves only the didactic purposes of computer science.
Under copyright law, binary representations of the software are simply
derivative works of the source code. Applying a systematic process (i.e.,
``compilation'') to a work of source code yeilds binary code. The binary
``compilation'') to a work of source code yields binary code. The binary
code is now a new work of expression fixed in the tangible medium of
electronic file storage.
@ -894,7 +894,7 @@ of \S\S 1--2, so all the material previously discussed applies here.
However, \S 3 must go a bit further. Access to the software's source code
is an incontestable prerequisite for the exercise of the fundamental
freedoms to modify and improve the software. Making even the most trivial
changes to a software program at the binary level is effecitvely
changes to a software program at the binary level is effectively
impossible. \S 3 must ensure that the binaries are never distributed
without the source code, so that these freedoms are ensured to be passed
along the distribution chain.
@ -1194,8 +1194,22 @@ software.
In essence, \S 7 is a verbosely worded way of saying for non-copyright
systems what \S 6 says for copyright. If there exists any reason that a
distributor knows of that would prohibit those who would later receive
the software from the distribution
distributor knows of that would prohibit later licensees from exercising
their full rights under GPL, then distribution is prohibited.
Originally, this was designed as the title of this section suggests --- as
a last ditch effort to make sure that freedom was upheld. However, in
modern times, it has come to give much more. Now that the body of GPL'ed
software is so large, patent holders who would want to be distributors of
GPL'ed software have a tough choice. They must choose between avoiding
distribution of GPL'ed software that exercises the teachings of their
patents, or grant a royalty-free, irrevocable, non-exclusive license to
those patents. Many companies, including IBM, the largest patent holder
in the world, have chosen the latter.
Thus, \S 7 is rarely gives software death by stopping its distribution.
Instead, it is inspiring patent holders to share their patents in the same
freedom-defending way that they share their copyrighted works.
\section{GPL \S 8: Finding Freedonia}
\label{GPLs8}