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Various wordsmith and formatting changes.

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Bradley M. Kuhn 2014-03-18 18:04:51 -04:00
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@ -1898,59 +1898,60 @@ implied patent license to any of its patents that cover that program.
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\chapter{Defending Freedom on Many Fronts} \chapter{Defending Freedom on Many Fronts}
Chapters~\ref{run-and-verbatim} and ~\ref{source-and-binary} presented the Chapters~\ref{run-and-verbatim} and~\ref{source-and-binary} presented the
core freedom-defending provisions of GPLv2\@, which are in GPLv2~\S\S0--3. \S\S core freedom-defending provisions of GPLv2\@, which are in GPLv2~\S\S0--3.
4--7 of the GPLv2 are designed to ensure that GPLv2~\S\S0--3 are not infringed, GPLv2\S\S~4--7 of the GPLv2 are designed to ensure that GPLv2~\S\S0--3 are
are enforceable, are kept to the confines of copyright law, and are not not infringed, are enforceable, are kept to the confines of copyright law but
trumped by other copyright agreements or components of other entirely also not trumped by other copyright agreements or components of other
separate legal systems. In short, while GPLv2~\S\S0--3 are the parts of the entirely separate legal systems. In short, while GPLv2~\S\S0--3 are the parts
license that defend the freedoms of users and programmers, GPLv2~\S\S4--7 are of the license that defend the freedoms of users and programmers,
the parts of the license that keep the playing field clear so that \S\S GPLv2~\S\S4--7 are the parts of the license that keep the playing field clear
0--3 can do their jobs. so that \S\S 0--3 can do their jobs.
\section{GPLv2~\S4: Termination on Violation} \section{GPLv2~\S4: Termination on Violation}
\label{GPLv2s4} \label{GPLv2s4}
GPLv2~\S4 is GPLv2's termination clause. Upon first examination, it seems GPLv2~\S4 is GPLv2's termination clause. Upon first examination, it seems
strange that a license with the goal of defending users' and programmers' strange that a license with the goal of defending users' and programmers'
freedoms for perpetuity in an irrevocable way would have such a clause. freedoms for perpetuity in an irrevocable way would have such a clause.
However, upon further examination, the difference between irrevocability However, upon further examination, the difference between irrevocability
and this termination clause becomes clear. and this termination clause becomes clear.
The GPL is irrevocable in the sense that once a copyright holder grants The GPL is irrevocable in the sense that once a copyright holder grants
rights for someone to copy, modify and redistribute the software under rights for someone to copy, modify and redistribute the software under terms
terms of the GPL, they cannot later revoke that grant. Since the GPL has of the GPL, they cannot later revoke that grant. Since the GPL has no
no provision allowing the copyright holder to take such a prerogative, the provision allowing the copyright holder to take such a prerogative, the
license is granted as long as the copyright remains in effect.\footnote{In license is granted as long as the copyright remains in effect.\footnote{In
the USA, due to unfortunate legislation, the length of copyright is the USA, due to unfortunate legislation, the length of copyright is nearly
nearly perpetual, even though the Constitution forbids perpetual perpetual, even though the Constitution forbids perpetual copyright.} The
copyright.} The copyright holder has the right to relicense the same copyright holders have the right to relicense the same work under different
work under different licenses (see Section~\ref{Proprietary Relicensing} licenses (see Section~\ref{Proprietary Relicensing} of this tutorial), or to
of this tutorial), or to stop distributing the GPLv2'd version (assuming \S stop distributing the GPLv2'd version (assuming GPLv2~\S3(b) was never used),
3(b) was never used), but she may not revoke the rights under GPLv2 but they may not revoke the rights under GPLv2 already granted.
already granted.
In fact, when an entity looses their right to copy, modify and distribute In fact, when an entity looses their right to copy, modify and distribute
GPL'd software, it is because of their \emph{own actions}, not that of GPL'd software, it is because of their \emph{own actions}, not that of the
the copyright holder. The copyright holder does not decided when GPLv2~\S4 copyright holder. The copyright holder does not decided when GPLv2~\S4
termination occurs (if ever), the actions of the licensee does. termination occurs (if ever); rather, the actions of the licensee determine
that.
Under copyright law, the GPL has granted various rights and freedoms to Under copyright law, the GPL has granted various rights and freedoms to
the licensee to perform specific types of copying, modification, and the licensee to perform specific types of copying, modification, and
redistribution. By default, all other types of copying, modification, and redistribution. By default, all other types of copying, modification, and
redistribution are prohibited. GPLv2~\S4 says that if you undertake any of redistribution are prohibited. GPLv2~\S4 says that if you undertake any of
those other types (e.g., redistributing binary-only in violation of GPLv2~\S3), those other types (e.g., redistributing binary-only in violation of GPLv2~\S3),
then all rights under the license --- even those otherwise permitted for then all rights under the license --- even those otherwise permitted for
those who have not violated --- terminate automatically. those who have not violated --- terminate automatically.
GPLv2~\S4 gives GPLv2 teeth. If licensees fail to adhere to the license, then GPLv2~\S4 makes GPLv2 enforceable. If licensees fail to adhere to the
they are stuck. They must completely cease and desist from all license, then they are stuck without any permission under to engage in
copying, modification and distribution of that GPL'd software. activities covered by copyright law. They must completely cease and desist
from all copying, modification and distribution of the GPL'd software.
At that point, violating licensees must gain the forgiveness of the At that point, violating licensees must gain the forgiveness of the copyright
copyright holder to have their rights restored. Alternatively, they could holders to have their rights restored. Alternatively, the violators could
negotiate another agreement, separate from GPL, with the copyright negotiate another agreement, separate from GPL, with the copyright
holder. Both are common practice. holder. Both are common practice.
At FSF, it is part of the mission to spread software freedom. When FSF 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 enforces GPL, the goal is to bring the violator back into compliance as