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gpl-lgpl.tex
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gpl-lgpl.tex
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@ -1898,15 +1898,15 @@ implied patent license to any of its patents that cover that program.
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%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
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\chapter{Defending Freedom on Many Fronts}
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Chapters~\ref{run-and-verbatim} and ~\ref{source-and-binary} presented the
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core freedom-defending provisions of GPLv2\@, which are in GPLv2~\S\S0--3. \S\S
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4--7 of the GPLv2 are designed to ensure that GPLv2~\S\S0--3 are not infringed,
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are enforceable, are kept to the confines of copyright law, and are not
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trumped by other copyright agreements or components of other entirely
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separate legal systems. In short, while GPLv2~\S\S0--3 are the parts of the
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license that defend the freedoms of users and programmers, GPLv2~\S\S4--7 are
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the parts of the license that keep the playing field clear so that \S\S
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0--3 can do their jobs.
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Chapters~\ref{run-and-verbatim} and~\ref{source-and-binary} presented the
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core freedom-defending provisions of GPLv2\@, which are in GPLv2~\S\S0--3.
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GPLv2\S\S~4--7 of the GPLv2 are designed to ensure that GPLv2~\S\S0--3 are
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not infringed, are enforceable, are kept to the confines of copyright law but
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also not trumped by other copyright agreements or components of other
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entirely separate legal systems. In short, while GPLv2~\S\S0--3 are the parts
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of the license that defend the freedoms of users and programmers,
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GPLv2~\S\S4--7 are the parts of the license that keep the playing field clear
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so that \S\S 0--3 can do their jobs.
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\section{GPLv2~\S4: Termination on Violation}
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\label{GPLv2s4}
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@ -1918,22 +1918,22 @@ However, upon further examination, the difference between irrevocability
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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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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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no provision allowing the copyright holder to take such a prerogative, the
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rights for someone to copy, modify and redistribute the software under terms
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of the GPL, they cannot later revoke that grant. Since the GPL has no
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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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the USA, due to unfortunate legislation, the length of copyright is
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nearly perpetual, even though the Constitution forbids perpetual
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copyright.} The copyright holder has the right to relicense the same
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work under different licenses (see Section~\ref{Proprietary Relicensing}
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of this tutorial), or to stop distributing the GPLv2'd version (assuming \S
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3(b) was never used), but she may not revoke the rights under GPLv2
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already granted.
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the USA, due to unfortunate legislation, the length of copyright is nearly
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perpetual, even though the Constitution forbids perpetual copyright.} The
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copyright holders have the right to relicense the same work under different
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licenses (see Section~\ref{Proprietary Relicensing} of this tutorial), or to
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stop distributing the GPLv2'd version (assuming GPLv2~\S3(b) was never used),
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but they may not revoke the rights under GPLv2 already granted.
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In fact, when an entity looses their right to copy, modify and distribute
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GPL'd software, it is because of their \emph{own actions}, not that of
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the copyright holder. The copyright holder does not decided when GPLv2~\S4
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termination occurs (if ever), the actions of the licensee does.
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GPL'd software, it is because of their \emph{own actions}, not that of the
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copyright holder. The copyright holder does not decided when GPLv2~\S4
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termination occurs (if ever); rather, the actions of the licensee determine
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that.
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Under copyright law, the GPL has granted various rights and freedoms to
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the licensee to perform specific types of copying, modification, and
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@ -1943,12 +1943,13 @@ those other types (e.g., redistributing binary-only in violation of GPLv2~\S3),
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then all rights under the license --- even those otherwise permitted for
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those who have not violated --- terminate automatically.
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GPLv2~\S4 gives GPLv2 teeth. If licensees fail to adhere to the license, then
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they are stuck. They must completely cease and desist from all
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copying, modification and distribution of that GPL'd software.
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GPLv2~\S4 makes GPLv2 enforceable. If licensees fail to adhere to the
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license, then they are stuck without any permission under to engage in
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activities covered by copyright law. They must completely cease and desist
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from all copying, modification and distribution of the GPL'd software.
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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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At that point, violating licensees must gain the forgiveness of the copyright
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holders to have their rights restored. Alternatively, the violators could
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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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